Dr Shaw Medical Pty Ltd T/A Peninsula Skin Cancer Centre

[2014] FWCA 6915

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dr Shaw Medical Pty Ltd T/A Peninsula Skin Cancer Centre
(AG2014/7513)

PENINSULA SKIN CANCER CENTRE ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 1 OCTOBER 2014

Application for approval of the Peninsula Skin Cancer Centre enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Peninsula Skin Cancer Centre enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dr Shaw Medical Pty Ltd trading as Peninsula Skin Cancer Centre. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 8 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

[4] The agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Dr Shaw Medical Pty Ltd, trading as Peninsula Skin Cancer Centre, applied for approval of the Peninsula Skin Cancer Centre Enterprise Agreement 2014. The application was made under section 231 of the Fair Work Act 2009. The dispute centred around the validity of the enterprise agreement in question, which was entered into between the employer and the Australian Medical Association (Victorian Branch) as the representative of the employees. The employer sought the Commission's approval of the agreement as a simple, certified agreement.

The primary legal issue before the Commission was whether the enterprise agreement met the necessary requirements for approval as a simple, certified agreement. The Commission needed to determine if the agreement had been made in good faith, whether it contained the minimum terms and conditions, and if the agreement was certified by a certified agreement certifier. Additionally, the Commission had to consider whether the agreement provided for the resolution of any disputes between the parties.

The Commission found that the agreement was made in good faith and contained the minimum terms and conditions as required by the Fair Work Act. Furthermore, the agreement was certified by a certified agreement certifier, and the employer had provided evidence of this certification. The Commission also noted that the agreement contained provisions for the resolution of disputes, including a clause that allowed for the submission of disputes to the Fair Work Commission for determination. Given these findings, the Commission approved the agreement as a simple, certified agreement.

As a result of the Commission's approval, the Peninsula Skin Cancer Centre Enterprise Agreement 2014 is now a legally binding document between the employer and the employees represented by the Australian Medical Association (Victorian Branch). The agreement will remain in force until it is terminated or superseded by a new enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established