DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Women's Health West Inc T/A Women's Health West
(AG2018/238)

WOMEN'S HEALTH WEST INCORPORATED ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 18 JUNE 2018

Application for approval of the Women's Health West Incorporated Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Women’s Health West Incorporated Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Women’s Health West Inc T/A Women’s Health West. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Women's Health West Inc, trading as Women's Health West, and the Health Services Union of Australia. The dispute arose from the application for the approval of the Women's Health West Incorporated Enterprise Agreement 2017. The case was heard by the Fair Work Commission.

The central legal issues before the Commission were whether the Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the "better off overall test." This test requires that the employees be no worse off financially and at least some employees be better off overall under the new agreement compared to their previous conditions. Additionally, the Commission considered whether the agreement was fairly negotiated and if it contained appropriate dispute resolution mechanisms.

The Commission found that the agreement was compliant with the statutory requirements and satisfied the better off overall test. The agreement was deemed to have been fairly negotiated, with appropriate consultation between the parties. The dispute resolution mechanisms within the agreement were also considered adequate. Consequently, the Commission approved the Women's Health West Incorporated Enterprise Agreement 2017.

The final orders included the approval of the Enterprise Agreement and the setting aside of any previous agreements to the extent they conflicted with the approved agreement. This decision ensured that the terms of the new agreement would govern the employment conditions of the relevant employees.

Women's Health West Inc T/A Women's Health West

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established