DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wuchopperen Health Service Limited TA Wuchopperen Health Service Ltd
(AG2019/791)

WUCHOPPEREN HEALTH SERVICE LTD ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 19 AUGUST 2019

Application for approval of the Wuchopperen Health Service Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wuchopperen Health Service Ltd Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Wuchopperen Health Service Limited TA Wuchopperen Health Service Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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, 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 Agreement lodged contained administrative errors at pages 5 and 6, and clauses 4.5.2(i), 4.5.3(i), 5.2.6(b) and 5.3.2. On 25 July 2019, the Employer filed an amended version of the Agreement correcting these errors. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Health Services Union of Australia, Australian Nursing and Midwifery Federation, Australian Municipal, Administrative, Clerical and Services Union, and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act seeking to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2019. The nominal expiry date of the Agreement is 19 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Wuchopperen Health Service Limited trading as Wuchopperen Health Service Ltd, applied to the Fair Work Commission for the approval of the Wuchopperen Health Service Ltd Enterprise Agreement 2019. The application was opposed by the Fair Work Ombudsman. The dispute involved the terms and conditions of employment for the employees of the Wuchopperen Health Service, a not-for-profit health service provider in Queensland.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 for enterprise agreements and whether it contained the necessary minimum terms and conditions as mandated by the Act. The Commission had to consider if the agreement was genuinely negotiated, if it complied with the procedural requirements and if it included all the minimum entitlements as per the Fair Work Act. The opposition by the Fair Work Ombudsman raised concerns about the procedural fairness of the negotiation process and the potential for underpayment of employees.

The Commission examined the evidence presented by both parties and found that the agreement was genuinely negotiated and complied with the procedural requirements of the Act. It was determined that the proposed agreement included all the minimum terms and conditions required by the Fair Work Act. The Commission approved the application for the agreement, finding that it was fair and reasonable and met the necessary criteria for approval. The decision was based on the evidence provided, which demonstrated that the agreement had been negotiated in good faith and that all employees were adequately represented in the process.

The Fair Work Commission approved the Wuchopperen Health Service Ltd Enterprise Agreement 2019, confirming its compliance with the Fair Work Act. The agreement was recognised as meeting the necessary criteria for enterprise agreements and was deemed fair and reasonable for the employees of the Wuchopperen Health Service. This decision ensures that the employees of the health service are protected by an agreement that meets all legal requirements and provides for their minimum entitlements.

Wuchopperen Health Service Limited TA Wuchopperen Health Service Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established