DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Einflug Pty Ltd ATF Wonthaggi Business Service Trust T/A Wonthaggi Medical Group
(AG2019/46)

WONTHAGGI MEDICAL GROUP AND ANMF ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 APRIL 2019

Application for approval of the Wonthaggi Medical Group and ANMF Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Wonthaggi Medical Group and ANMF Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Einflug Pty Ltd ATF Wonthaggi Business Service Trust T/A Wonthaggi Medical Group. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement was approved on 3 April 2019 and, in accordance with s.54, will operate from 10 April 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Einflug Pty Ltd ATF Wonthaggi Business Service Trust, trading as Wonthaggi Medical Group, applied to the Fair Work Commission for approval of the ANMF Enterprise Agreement 2018. The dispute involved the agreement's provisions regarding employee classification, wages, and conditions of employment. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was a genuine enterprise agreement and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission needed to assess whether the agreement was made by a certified bargaining representative, if it contained the required minimum terms and conditions, and whether it was made in good faith and without coercion. Furthermore, the Commission had to consider if the agreement's provisions were fair and reasonable in all respects.

The Fair Work Commission found that the agreement was a genuine enterprise agreement made by a certified bargaining representative in good faith and without coercion. It was also determined that the agreement contained all the required minimum terms and conditions and that its provisions were fair and reasonable. The Commission approved the agreement, noting that it provided for appropriate classifications, wages, and conditions of employment that were consistent with the objectives of the Fair Work Act.

The Fair Work Commission approved the ANMF Enterprise Agreement 2018, finding it to be a genuine agreement that met all statutory requirements. The agreement was deemed to be fair and reasonable in all respects and provided for appropriate classifications, wages, and conditions of employment.

Einflug Pty Ltd ATF Wonthaggi Business Service Trust T/A Wonthaggi Medical Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established