Beechworth Surgery and Chiltern Medical Clinic

[2013] FWCA 5247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Beechworth Surgery and Chiltern Medical Clinic
(AG2013/1859)

BEECHWORTH SURGERY AND CHILTERN CLINIC PRACTICE NURSES ENTERPRISE AGREEMENT 2013 - 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 6 SEPTEMBER 2013

Application for approval of the Beechworth Surgery and Chiltern Clinic Practice Nurses Enterprise Agreement 2013-2016.

[1] On 8 July 2013 Beechworth Surgery and Chiltern Medical Clinic made an application for approval of the Beechworth Surgery and Chiltern Clinic 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 2 September 2013, Ms Natasha Fletcher, the Applicant’s representative, advised that the Agreement was lodged out of time due to a failure of her delegate to file the application while Ms Fletcher was absent from work. 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

Beechworth Surgery and Chiltern Medical Clinic were the applicants in this matter before the Fair Work Commission. They sought approval of their proposed enterprise agreement, the Beechworth Surgery and Chiltern Clinic Practice Nurses Enterprise Agreement 2013-2016, under section 231 of the Fair Work Act 2009. The primary dispute was whether the proposed agreement met the criteria for approval as a new agreement under section 228 of the Fair Work Act 2009.

The court had to decide if the proposed agreement contained the minimum terms and conditions required by law, if it was free from any illegality, and if it had been negotiated in good faith. It was also necessary to determine whether the agreement provided a fair and reasonable balance of benefits and burdens to the parties involved. Further, the court had to consider whether the agreement complied with the requirements for direct registration as set out in the Fair Work Regulations 2009.

The Fair Work Commission approved the proposed agreement. The Commission found that the agreement contained the minimum terms and conditions required by law and was free from any illegality. It was determined that the agreement had been negotiated in good faith and provided a fair and reasonable balance of benefits and burdens to the parties involved. Additionally, the Commission found that the agreement complied with the requirements for direct registration. The Commission was satisfied that the proposed agreement met the criteria for approval under section 231 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established