DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ein Flug Pty Ltd ATF Wonthaggi Business Service Trust T/A Wonthaggi Business Service Trust
(AG2015/7133)

WONTHAGGI MEDICAL GROUP AND ANMF ENTERPRISE AGREEMENT 2015

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 8 MARCH 2016

Application for approval of the Wonthaggi Medical Group and ANMF Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Wonthaggi Medical Group and ANMF Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ein Flug Pty Ltd ATF Wonthaggi Business Service Trust T/A Wonthaggi Business Service Trust. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on and, in accordance with s.54, will operate from 15 March 2016. The nominal expiry date of the Agreement is 30 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Ein Flug Pty Ltd, acting as the trustee for the Wonthaggi Business Service Trust, trading as Wonthaggi Business Service Trust, which applied to the Fair Work Commission for approval of the Wonthaggi Medical Group and ANMF Enterprise Agreement 2015. The application was brought before the Commission in response to objections raised by the respondents, who contested the terms of the agreement. The central dispute revolved around the appropriateness and fairness of the proposed agreement, specifically addressing concerns about the classification of employees and the terms of the agreement itself.

The legal issues before the Commission required clarification on whether the proposed agreement was suitable for endorsement under the Fair Work Act 2009. This involved examining the agreement's compliance with the legislative requirements, assessing whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. Additionally, the Commission had to determine whether the agreement adequately protected the rights of employees, including their classification and the terms of employment.

The Fair Work Commission, after reviewing the evidence and submissions, concluded that the proposed agreement met the necessary criteria for endorsement. The Commission found that the agreement was made in good faith and provided for a fair and efficient workplace. The Commission also determined that the agreement appropriately protected the rights of the employees and was in compliance with the Fair Work Act 2009. As a result, the Commission approved the Wonthaggi Medical Group and ANMF Enterprise Agreement 2015.

Ein Flug Pty Ltd ATF Wonthaggi Business Service Trust T/A Wonthaggi Business Service Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established