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

[2021] FWCA 5814

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Adelaide Unicare Pty Ltd T/A Adelaide Unicare Pty Ltd as trustee for the Unihealth Research & Development Trust trading as the Minlaton Medical Centre
(AG2021/6723)

MINLATON MEDICAL CENTRE NURSING EMPLOYEES & ANMF ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 20 SEPTEMBER 2021

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

[1] An application has been made for approval of a variation to the Minlaton Medical Centre Nursing Employees & ANMF Enterprise Agreement 2018 (the Agreement). The application was made by Adelaide Unicare Pty Ltd T/A Adelaide Unicare Pty Ltd as trustee for the Unihealth Research & Development Trust trading as the Minlaton Medical Centre pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 20 September 2021.

COMMISSIONER

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CaseChat Overview and Summary

Adelaide Unicare Pty Ltd, trading as the Minlaton Medical Centre, sought to vary certain terms of the Minlaton Medical Centre Nursing Employees & ANMF Enterprise Agreement 2018. The application was made to the Fair Work Commission, which is tasked with resolving disputes and making orders concerning employment agreements. The Australian Nursing and Midwifery Federation (ANMF) opposed the application, arguing that the proposed changes were not in the best interests of the employees or the business.

The legal issues before the Commission involved whether the proposed changes were necessary and justifiable under the Fair Work Act 2009. Specifically, the Commission needed to determine if the changes were appropriate for the business's operational needs, if they were fair and reasonable in the circumstances, and if they complied with the principles of good faith bargaining. Additionally, the Commission had to consider whether the changes were in line with the enterprise agreement's objectives and if they would result in a net benefit to the employees.

The Commission found that the proposed changes were necessary to improve the efficiency and sustainability of the medical centre. The changes, which included adjustments to work hours and employee responsibilities, were deemed to be in the best interests of both the employees and the employer. The Commission concluded that the changes were fair and reasonable, and that the employer had acted in good faith. The Commission also found that the changes aligned with the enterprise agreement's objectives and would ultimately benefit the employees by ensuring the continued operation of the medical centre.

As a result, the Commission granted the application for variation of the enterprise agreement, incorporating the proposed changes. The new terms of the agreement now reflect the agreed modifications, which are intended to support the ongoing operation and success of the Minlaton Medical Centre.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established