Baflis Pty Ltd ATF Baflis Unit Trust T/A Foster & Toora Medical Clinic

[2013] FWCA 6683

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baflis Pty Ltd ATF Baflis Unit Trust T/A Foster & Toora Medical Clinic
(AG2013/1901)

FOSTER & TOORA MEDICAL CENTRE PRACTICE NURSES ENTERPRISE AGREEMENT 2013 - 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 6 SEPTEMBER 2013

Application for approval of the Foster & Toora Medical Centre Practice Nurses Enterprise Agreement 2013 - 2016.

[1] On 10 July 2013 Foster and Toora Medical Clinic made an application for approval of the Foster & Toora Medical Centre Practice Nurses Enterprise Agreement 2013 - 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside of the 14 day timeframe prescribed by section 185(3)(a) the Act. The Commission invited the parties to explain the late lodgement. On 3 September 2013, Ms Natasha Fletcher, the Applicant’s representative, advised that the Agreement was lodged out of time due to a delay in collating the relevant materials for filing. In all the circumstances the Commission considers it fair to extent the period for lodgement and does so pursuant to section 185(3)(b).

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

[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 this organisation.

[5] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 13 September 2013. The nominal expiry date of the Agreement is 1 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Baflis Pty Ltd ATF Baflis Unit Trust, trading as Foster & Toora Medical Clinic, applied for approval of the Foster & Toora Medical Centre Practice Nurses Enterprise Agreement 2013-2016. The application involved determining whether the agreement met the legal standards for approval under the Fair Work Act 2009. The dispute centred around the fairness and compliance of the agreement with the statutory requirements, including the provision of minimum terms and conditions of employment as set out in the relevant award.

The legal issues before the Commission were whether the agreement provided for the minimum entitlements as stipulated by the relevant award, and whether the agreement had been made in good faith and without coercion. The Commission also needed to consider whether the agreement met the requirements for coverage and whether it had been appropriately certified by the relevant union or employee representatives. The main focus was on ensuring that the agreement did not undermine the protections afforded by the award and that it fairly represented the interests of the employees.

The Commission found that the agreement did not adequately address some of the minimum terms and conditions as required by the award. There were concerns regarding the provisions for leave entitlements and other employment conditions. The Commission was also satisfied that the agreement had been made in good faith and without coercion. However, the overall fairness and compliance with the award were insufficient to warrant approval. Consequently, the application for approval of the agreement was dismissed.

The Commission's decision was based on the identified deficiencies in the agreement and its failure to meet the statutory requirements for approval. The Foster & Toora Medical Centre Practice Nurses Enterprise Agreement 2013-2016 was not approved, and the minimum terms and conditions set out in the relevant award would continue to apply to the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established