DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DL Dentistry Pty Ltd T/A Mornington Peninsula Dental Clinic Pty Ltd
(AG2018/7442)

MORNINGTON PENINSULA DENTAL CLINIC PTY LTD ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 10 APRIL 2019

Application for approval of the Mornington Peninsula Dental Clinic Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Mornington Peninsula Dental Clinic Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by DL Dentistry Pty Ltd T/A Mornington Peninsula Dental Clinic Pty Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2019. The nominal expiry date of the Agreement is 16 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involves DL Dentistry Pty Ltd, trading as the Mornington Peninsula Dental Clinic, and their employees. The dispute centres around the application for the approval of the Mornington Peninsula Dental Clinic Enterprise Agreement 2018. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues at hand required the Commission to assess if the agreement was a genuine enterprise agreement, whether it contained the mandatory terms and conditions, and if it had been fairly negotiated. The Commission had to consider if the agreement was made in good faith and if it provided for a fair and efficient workplace. Additionally, the Commission needed to ensure the agreement complied with the procedural requirements of the Fair Work Act.

In its decision, the Fair Work Commission determined that the agreement was genuinely negotiated and contained all the mandatory terms and conditions. The Commission found that the process followed to negotiate the agreement was fair and that it provided for a fair and efficient workplace. The Commission also concluded that the agreement complied with all procedural requirements of the Fair Work Act. As a result, the Fair Work Commission approved the Mornington Peninsula Dental Clinic Enterprise Agreement 2018.

The Fair Work Commission's final order was to approve the enterprise agreement, allowing it to be registered and enforceable under the Fair Work Act. This decision provided certainty for both the employer and the employees, ensuring the terms of the agreement could be implemented and enforced.

DL Dentistry Pty Ltd T/A Mornington Peninsula Dental Clinic Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established