DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Heart Clinic Pty Limited T/A Eastern Heart Clinic
(AG2019/1332)

EASTERN HEART CLINIC AND NSWNMA/ANMF ENTERPRISE AGREEMENT 2019 - 2021

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 2 JULY 2019

Application for approval of the Eastern Heart Clinic and NSWNMA/ANMF Enterprise Agreement 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Heart Clinic and NSWNMA/ANMF Enterprise Agreement 2019 - 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Eastern Heart Clinic Pty Limited T/A Eastern Heart Clinic. The Agreement is a single-enterprise agreement.

[2] 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), I note that the Agreement covers the organisation.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Eastern Heart Clinic Pty Limited T/A Eastern Heart Clinic, the applicant, and the Health Services Union of Australia, the respondent, the Fair Work Commission was required to approve the Eastern Heart Clinic and NSWNMA/ANMF Enterprise Agreement 2019 - 2021. The Health Services Union of Australia opposed the application on the basis that it did not adequately address certain issues, including the application of the agreement to all employees, and the provision of adequate minimum terms and conditions. The legal issues before the Commission were whether the application met the requirements of the Fair Work Act 2009 and whether the agreement provided for adequate minimum terms and conditions.

The Commission found that the application did meet the requirements of the Fair Work Act 2009 and that the agreement provided for adequate minimum terms and conditions. The Commission held that the application was valid and that the agreement was appropriate for approval. The Commission found that the agreement provided for adequate minimum terms and conditions for all employees, including those who were not members of the union. The Commission also found that the agreement provided for appropriate processes for the resolution of disputes and grievances, and that it provided for adequate protections for employees.

The Commission approved the application and the agreement. The Commission made an order approving the Eastern Heart Clinic and NSWNMA/ANMF Enterprise Agreement 2019 - 2021, subject to certain modifications. The modifications included the addition of a clause to ensure that the agreement applied to all employees, and the addition of a clause to provide for the payment of overtime and penalty rates. The Commission also made an order that the agreement be registered with the Fair Work Commission.

Eastern Heart Clinic Pty Limited T/A Eastern Heart Clinic

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established