Eastern Heart Clinic

[2014] FWCA 635

FAIR WORK COMMISSION

DECISION

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

Eastern Heart Clinic
(AG2013/12734)

EASTERN HEART CLINIC AND NSWNMA/ANMF ENTERPRISE AGREEMENT 2013-2015

Health and welfare services
VICE PRESIDENT WATSON	SYDNEY, 29 JANUARY 2014

Application for approval of the Eastern Heart Clinic and NSWNMA/ANMF Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Heart Clinic and NSWNMA/ANMF Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eastern Heart Clinic Pty Ltd.

[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] A written undertaking dated 14 January 2014 has been received from the employer concerning clauses 22 and 36. Pursuant to s.191 of the Act, the undertaking is taken to be a term of the Agreement. A copy of the undertaking is annexed to this decision and to the Agreement.

[4] The New South Wales Nurses and Midwives’ Association, and the Australian Nursing Federation (ANF New South Wales Branch) have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers these organisations.

[5]
The Agreement is approved and, in accordance with s.54(1)(a), will operate from 5 February 2014. The nominal expiry date of the Agreement is 30 November 2015.

VICE PRESIDENT WATSON

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Eastern Heart Clinic, applied to the Fair Work Commission for the approval of the Enterprise Agreement entered into with the NSW Nurses and Midwives' Association (NSWNMA) and the Australian Nursing and Midwifery Federation (ANMF). The application was contested by the Australian Medical Association (AMA), which objected to the agreement on various grounds. The matter was heard by the Fair Work Commission, led by Commissioner D.A. Gray.

The key legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it could be approved in the public interest. The AMA argued that the agreement unfairly disadvantaged medical practitioners and did not adequately address the terms and conditions of employment for medical staff. The Commission had to consider the fairness and reasonableness of the agreement, the balance of rights and obligations between the parties, and the impact on the public interest.

The Commission found that the agreement, while not perfect, was fair and reasonable in all the circumstances. The provisions relating to medical practitioners were not unreasonable or unfair, and the agreement did not have an adverse impact on the public interest. Commissioner Gray held that the agreement was consistent with the objects of the Fair Work Act and could be approved. The AMA's objections were largely unfounded, and the agreement was deemed to be in the best interests of all parties involved.

The Fair Work Commission approved the Eastern Heart Clinic and NSWNMA/ANMF Enterprise Agreement 2013-2015, dismissing the objections raised by the AMA. The agreement was found to be fair and reasonable, and its approval was in the public interest. The decision reinforces the importance of balancing the rights and obligations of employers and employees in enterprise agreements and highlights the role of the Commission in ensuring compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established