Deakin Medical Group Pty Ltd T/A Breed Street Clinic Summary

[2014] FWCA 4410

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Deakin Medical Group Pty Ltd T/A Breed Street Clinic
(AG2014/1435)

BREED STREET CLINIC PRACTICE NURSES ENTERPRISE AGREEMENT 2013-2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 2 JULY 2014

Application for approval of the Breed Street Clinic Practice Nurses Enterprise Agreement 2013-2016.

[1] On 16 June 2014 Deakin Medical Group Pty Ltd T/A Breed Street Clinic (Applicant) made an application for approval of the Breed Street Clinic Practice Nurses Enterprise Agreement 2013-2016 (Agreement). The application was made pursuant to s 185 of the FairWork Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 9 July 2014. The nominal expiry date of the Agreement is 1 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Deakin Medical Group Pty Ltd, trading as Breed Street Clinic, applied for the approval of the Breed Street Clinic Practice Nurses Enterprise Agreement 2013-2016. The applicant sought to have the agreement, which was negotiated between the employer and the practice nurses, approved under the Fair Work Act 2009. The agreement aimed to govern the terms and conditions of employment for the practice nurses during the specified period.

The legal issues before the Commission revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement complied with the procedural requirements, such as being fairly negotiated, and substantive provisions, including ensuring it provided for fair and reasonable terms and conditions. Additionally, the Commission needed to consider whether the agreement met the public interest test, which includes assessing whether the agreement would promote harmonious, productive, and cooperative workplace relations.

The Commission found that the agreement was fairly negotiated and met the statutory requirements for approval. The Commission considered the evidence presented, which demonstrated that the agreement had been negotiated in good faith and that the process followed was fair. Furthermore, the terms and conditions of the agreement were found to be fair and reasonable, providing for appropriate remuneration and other employment conditions. The Commission concluded that the agreement would promote harmonious, productive, and cooperative workplace relations, thus satisfying the public interest test. As a result, the Commission approved the Breed Street Clinic Practice Nurses Enterprise Agreement 2013-2016.

The Fair Work Commission approved the Breed Street Clinic Practice Nurses Enterprise Agreement 2013-2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions for the practice nurses during the specified period.

Deakin Medical Group Pty Ltd T/A Breed Street Clinic

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established