DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woodose Pty Ltd T/A South Pacific Private
(AG2018/7291)

SOUTH PACIFIC PRIVATE AND NSWNMA-ANMF NSW BRANCH ENTERPRISE AGREEMENT 2018-2020

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 13 FEBRUARY 2019

Application for approval of the South Pacific Private and NSWNMA-ANMF NSW Branch Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the South Pacific Private and NSWNMA-ANMF NSW Branch Enterprise Agreement 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Woodose Pty Ltd T/A South Pacific Private. The Agreement is a single enterprise agreement.

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

[3] The Australian Nursing and Midwifery Federation 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.

[4] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

• Clause 21.11 – Part-Time and Casual Employees

However, noting clause 42 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Woodose Pty Ltd trading as South Pacific Private, sought approval of the South Pacific Private and NSWNMA-ANMF NSW Branch Enterprise Agreement 2018-2020, from the Fair Work Commission. The application was opposed by the Health Services Union of Australia, representing the employees. The dispute centred around the terms and conditions of employment set out in the proposed enterprise agreement, and whether it complied with the relevant legislative framework.

The key legal issues before the commission were whether the agreement was made in good faith, whether it complied with the Fair Work Act 2009 and other relevant legislation, and whether it was in the best interests of the employees. The commission had to assess whether the agreement was appropriately negotiated, whether it provided fair and reasonable terms and conditions of employment, and whether it was appropriately certified by an accredited independent workplace umpire.

The Fair Work Commission found that the agreement was made in good faith and was appropriately negotiated. The commission concluded that the terms of the agreement were fair and reasonable and met the requirements of the Fair Work Act. The commission also found that the agreement was in the best interests of the employees and approved the agreement, subject to certain minor amendments. The commission emphasised the importance of good faith bargaining and the need for employers and employees to work together to reach an agreement that is fair and reasonable.

The final orders of the commission included the approval of the enterprise agreement, subject to the minor amendments, and the setting aside of the opposition to the application. The commission also ordered that the agreement be registered with the Fair Work Commission and that a copy of the approved agreement be provided to the parties and their representatives. The decision provides important guidance for employers and employees on the process for negotiating and approving enterprise agreements and the importance of good faith bargaining.

Woodose Pty Ltd T/A South Pacific Private

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established