Eastern Heart Clinic

[2016] FWCA 961

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Eastern Heart Clinic Pty Ltd T/A Eastern Heart Clinic

(AG2016/2191)

EASTERN HEART CLINIC AND NSWNMA/ANMF ENTERPRISE

AGREEMENT 2015 - 2017

Health and welfare services

COMMISSIONER JOHNS

MELBOURNE, 12 FEBRUARY 2016

Application for approval of the Eastern Heart Clinic and NSWNMA/ANMF Enterprise

Agreement 2015 - 2017.

[1] On 21 January 2016, Eastern Heart Clinic Pty Ltd T/A Eastern Heart Clinic

(Applicant) made an application for approval of the

Eastern Heart Clinic and

NSWNMA/ANMF Enterprise Agreement 2015 - 2017 (Agreement). The application was

made pursuant to s 185 of the Fair Work 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.
[2016] FWCA 961

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will

operate from 19 February 2016. The nominal expiry date of the Agreement is 31 December

2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code J, AE417820 PR577022

CaseChat Overview and Summary

The case before Commissioner Johns involved Eastern Heart Clinic Pty Ltd, trading as Eastern Heart Clinic, and the Australian Nursing and Midwifery Federation (ANMF). The Applicant sought approval for the Eastern Heart Clinic and NSWNMA/ANMF Enterprise Agreement 2015 - 2017. This agreement, which was to operate as a single-enterprise agreement, was lodged within 14 days of its creation. The primary legal issue before the Commissioner was whether the agreement met the requirements set out in sections 186, 187, and 188 of the Fair Work Act 2009, which pertain to the approval of enterprise agreements.

Commissioner Johns found that the agreement met all relevant statutory requirements for approval. Notably, the Australian Nursing and Midwifery Federation, which is a bargaining representative for the agreement, had given notice under section 183 of the Fair Work Act that it wanted the agreement to cover its members. The Commissioner noted that the agreement indeed covered this organisation as per section 201(2) of the Act. The Commissioner was satisfied that the agreement complied with the statutory criteria for approval and, accordingly, approved the agreement. The agreement was set to operate from 19 February 2016, with a nominal expiry date of 31 December 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established