DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

WorkPac Pty Ltd NATIONAL HEALTHCARE ENTERPRISE AGREEMENT 2014
(AG2014/10063)

WORKPAC PTY LTD NATIONAL HEALTHCARE ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 24 DECEMBER 2014

Application for approval of the WorkPac Pty Ltd National Healthcare Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the WorkPac Pty Ltd National Healthcare Enterprise Agreement 2014 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Workpac Pty Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

WorkPac Pty Ltd sought approval of the National Healthcare Enterprise Agreement 2014 before the Fair Work Commission. The agreement was proposed as a new enterprise agreement between WorkPac and its employees within the healthcare sector. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was a "single interest" enterprise agreement and whether it complied with the procedural and substantive requirements of the Fair Work Act. A "single interest" enterprise agreement must cover employees who share a common employer, are employed under a single enterprise, and are engaged in the same industry, occupation, or class of employees. Additionally, the agreement needed to be made in good faith and meet the "better off overall test," ensuring that no employee would be worse off.

The Commission found that the proposed agreement satisfied the criteria for a "single interest" enterprise agreement. It covered employees who were all employed by WorkPac, engaged in healthcare work, and shared a common employer. The Commission also determined that the agreement was made in good faith and met the "better off overall test." It was noted that the agreement provided for increased wages, improved leave entitlements, and better working conditions, which would benefit the employees overall.

As a result, the Fair Work Commission approved the WorkPac Pty Ltd National Healthcare Enterprise Agreement 2014. This decision meant that the agreement would become legally binding between WorkPac and its employees in the healthcare sector, effective from the date of approval.

WorkPac Pty Ltd NATIONAL HEALTHCARE ENTERPRISE AGREEMENT 2014

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established