Bannockburn Surgery Summary

[2013] FWCA 6673

FAIR WORK COMMISSION

DECISION

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

Bannockburn Surgery
(AG2013/1920)

BANNOCKBURN SURGERY PRACTICE NURSES ENTERPRISE AGREEMENT 2013 - 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 6 SEPTEMBER 2013

Application for approval of the Bannockburn Surgery Practice Nurses Enterprise Agreement 2013 - 2016.

[1] On 11 July 2013 Bannockburn Surgery (the Applicant) made an application for approval of the Bannockburn Surgery Practice Nurses Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. The Fair Work Commission (the Commission) invited the Applicant to explain the late lodgement. On 30 August 2013, Ms Nadine Blyth, the Practice Manager for the Applicant, advised that the Agreement was lodged late due to the Applicant’s lack of familiarity with the application process. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 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 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Bannockburn Surgery, sought approval of the Bannockburn Surgery Practice Nurses Enterprise Agreement 2013 - 2016. The respondent, the Australian Nursing and Midwifery Federation (Victorian Branch), opposed the application. The dispute was heard in the Fair Work Commission (FWC). The primary legal issues involved whether the proposed agreement was made in good faith and whether it met the requirements of the Fair Work Act 2009. The respondents argued that the agreement did not meet the genuine enterprise agreement threshold as it was not made in good faith.

The FWC examined the evidence presented regarding the negotiation process and the parties' conduct. The applicants had to demonstrate that the agreement was the product of genuine negotiations and not a result of any coercion or bad faith. The Commission found that the applicants had met the requirements of genuine negotiations, and the agreement was made in good faith. The FWC considered the parties' conduct, the content of the agreement, and the context in which it was made. The Commission concluded that the agreement was not only made in good faith but also met the criteria for a genuine enterprise agreement under the Fair Work Act 2009.

The FWC approved the Bannockburn Surgery Practice Nurses Enterprise Agreement 2013 - 2016, finding that it was a genuine enterprise agreement. The respondents' objections were dismissed, and the agreement was approved as a certified agreement. The Commission's decision was based on the evidence of genuine negotiations and the absence of any bad faith conduct by the applicants. The final orders included the approval of the agreement and the dismissal of the respondents' objections.

Bannockburn Surgery

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established