DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelaide Unicare Pty Ltd as trustee for the Unihealth Research & Development Trust T/A Minlaton Medical Centre
(AG2018/865)

MINLATON MEDICAL CENTRE NURSING EMPLOYEES & ANMF ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 13 JUNE 2018

Application for approval of the Minlaton Medical Centre Nursing Employees & ANMF Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Minlaton Medical Centre Nursing Employees & ANMF Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adelaide Unicare Pty Ltd as trustee for the Unihealth Research & Development Trust T/A Minlaton Medical Centre. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2018. The nominal expiry date of the Agreement is 20 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Adelaide Unicare Pty Ltd as trustee for the Unihealth Research & Development Trust trading as Minlaton Medical Centre, the applicant sought approval for the Minlaton Medical Centre Nursing Employees & ANMF Enterprise Agreement 2018. The dispute arose from negotiations between the employer and the Australian Nursing and Midwifery Federation, leading to the proposed enterprise agreement which the employer wished to have certified as meeting the relevant criteria under the Fair Work Act 2009. The application was heard by the Fair Work Commission, with Commissioner J. R. Hale presiding.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement was in the public interest, did not undermine a safety net of minimum terms and conditions, and was fairly negotiated. Additionally, the Commission needed to consider if the agreement contained terms that were contrary to public policy.

The Commission determined that the proposed enterprise agreement was in the public interest and did not undermine the safety net of minimum terms and conditions. The agreement was found to be fairly negotiated, and all terms were deemed to comply with public policy. The Commission approved the enterprise agreement, finding that it met all the necessary criteria under the Fair Work Act.

The Fair Work Commission approved the Minlaton Medical Centre Nursing Employees & ANMF Enterprise Agreement 2018, effective from the date of the decision. The employer and the Australian Nursing and Midwifery Federation were directed to take all necessary steps to give effect to the approved agreement.

Adelaide Unicare Pty Ltd as trustee for the Unihealth Research & Development Trust T/A Minlaton Medical Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established