DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bundoora Endoscopy T/A The Victorian Gut Centre Bundoora
(AG2018/4603)

VICTORIAN GUT CENTRE - BUNDOORA NURSES EMPLOYMENT AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JANUARY 2019

Application for approval of The Victorian Gut Centre - Bundoora Nurses Employment Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Gut Centre - Bundoora Nurses Employment 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 Bundoora Endoscopy T/A The Victorian Gut Centre Bundoora. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2019. The nominal expiry date of the Agreement is 21 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for approval of the employment agreement between Bundoora Endoscopy trading as The Victorian Gut Centre Bundoora and its nurses. The application was heard in the Fair Work Commission. The primary dispute centred around the terms and conditions outlined in the proposed employment agreement and whether they were fair and reasonable under the Fair Work Act 2009.

The key legal issues the Commission had to address were whether the proposed employment agreement adequately balanced the rights and obligations of both the employer and the employees. This involved an examination of whether the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. Additionally, the Commission had to consider whether the agreement was consistent with the principles of enterprise bargaining as set out in the Act, including fairness and good faith bargaining.

The Commission found that the proposed agreement contained terms that were fair and reasonable. It considered the nature of the work, the qualifications and roles of the nurses, and the overall fairness of the conditions provided. The Commission noted that the agreement provided for a reasonable balance of rights and obligations, taking into account the interests of both the employer and the employees. The application was approved, recognising that the agreement was in line with the requirements of the Fair Work Act.

As a result of the decision, the Fair Work Commission approved the The Victorian Gut Centre Bundoora Nurses Employment Agreement 2018. This approval meant that the agreement could be implemented and would govern the employment conditions for the nurses at the centre.

Bundoora Endoscopy T/A The Victorian Gut Centre Bundoora

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established