Eastbound Clinic T/A Eastbound Medical Clinic Summary

[2013] FWCA 6693

FAIR WORK COMMISSION

DECISION

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

Eastbound Clinic T/A Eastbound Medical Clinic
(AG2013/2028)

EASTBOUND MEDICAL CLINIC PRACTICE NURSES ENTERPRISE AGREEMENT 2013 - 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 6 SEPTEMBER 2013

Application for approval of the Eastbound Medical Clinic Practice Nurses Enterprise Agreement 2013 - 2016.

[1] On 18 July 2013 Eastbound Clinic (the Applicant) made an application for approval of the Eastbound Medical Clinic 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] 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.

[3] 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.

[4] 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

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Eastbound Clinic, trading as Eastbound Medical Clinic, and its registered nurses. The nurses sought approval for their enterprise agreement for the period 2013 to 2016. The Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement satisfied the "better off overall test" as stipulated by the Act. This test required the Commission to assess if the proposed agreement was at least as good as the applicable award or other relevant industrial instrument for the employees it covered. Additionally, the Commission had to consider whether the agreement met the "in good faith" requirement, ensuring that the agreement was made without coercion, duress, or any other unfair practices.

In reaching its decision, the Commission examined the terms of the agreement, including wage increases, working conditions, and other employment-related provisions. The Commission found that the agreement provided for a fair and reasonable set of terms that were at least as good as, if not better than, the applicable award. The Commission concluded that the agreement was made in good faith and met the better off overall test. Consequently, the Commission approved the Eastbound Medical Clinic Practice Nurses Enterprise Agreement 2013 - 2016, ensuring that the nurses would benefit from the improved terms outlined in the agreement.

The final order of the Commission was the approval of the Eastbound Medical Clinic Practice Nurses Enterprise Agreement 2013 - 2016, effective from the date of the decision. This approval ensured that the agreement would govern the employment conditions of the registered nurses at the clinic for the specified period.

Eastbound Clinic T/A Eastbound Medical Clinic

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established