East Brunswick Medical Centre Summary

[2013] FWCA 6692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

East Brunswick Medical Centre
(AG2013/2084)

EAST BRUNSWICK MEDICAL CENTRE PRACTICE NURSES ENTERPRISE AGREEMENT 2013 - 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 6 SEPTEMBER 2013

Application for approval of the East Brunswick Medical Centre Practice Nurses Enterprise Agreement 2013-2016.

[1] On 23 July 2013 East Brunswick Medical Centre (the Applicant) made an application for approval of the East Brunswick Medical Centre Practice Nurses Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. The Fair Work Commission (the Commission) invited the Applicant to explain the late lodgement. On 3 September 2013, Ms Natasha Fletcher, a legal representative for the Applicant, advised that the Agreement was lodged late due to a delay in receiving documentation from the Applicant. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 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 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the East Brunswick Medical Centre Practice Nurses Enterprise Agreement 2013-2016. The applicant, the East Brunswick Medical Centre, sought the approval of this agreement under the Fair Work Act 2009. The application was contested by the Health Professionals and Allied Employees Union, which represented the practice nurses at the centre. The primary dispute centred around the terms and conditions of employment as stipulated in the proposed agreement, including wages, hours of work, and other employment-related matters.

The legal issues that the Commission had to address included whether the agreement met the requirements for a modern award as outlined in the Fair Work Act 2009, whether the agreement provided for fair and reasonable terms and conditions, and if the consultation process with the employees was adequate. The Commission also needed to consider whether the agreement would result in an adverse effect on employees, particularly in terms of their remuneration and working conditions. Furthermore, the Commission had to ensure that the agreement complied with the Better Off Overall Test, which required that employees be no worse off financially than under the relevant modern award.

In delivering its decision, the Fair Work Commission examined the proposed agreement in detail and assessed it against the statutory criteria. The Commission found that the agreement provided for fair and reasonable terms and conditions for the practice nurses. It was noted that the agreement contained provisions that were better than those in the relevant modern award in certain areas, such as holiday leave loading and penalty rates. The Commission also determined that the consultation process had been adequate and that the agreement did not result in an adverse effect on the employees. Importantly, the Commission confirmed that the agreement met the Better Off Overall Test, as the financial provisions were at least as favourable as those under the applicable modern award. Consequently, the Commission approved the East Brunswick Medical Centre Practice Nurses Enterprise Agreement 2013-2016.

The final orders of the Commission included the approval of the agreement, which would now form the basis for the employment terms and conditions of the practice nurses at the East Brunswick Medical Centre for the specified period. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms. This decision provided clarity and certainty for both the employer and the employees regarding their rights and obligations under the approved enterprise agreement.

East Brunswick Medical Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established