Emerald Medical Centre Pty Ltd

[2013] FWCA 6622

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emerald Medical Centre Pty Ltd
(AG2013/2137)

EMERALD MEDICAL CENTRE PRACTICE NURSES ENTERPRISE AGREEMENT 2013 - 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 6 SEPTEMBER 2013

Application for approval of the Emerald Medical Centre Practice Nurses Enterprise Agreement 2013 - 2016.

[1] On 29 July 2013 Emerald Medical Centre Pty Ltd made an application for approval of the Emerald Medical Centre Practice Nurses Enterprise Agreement 2013 - 2016 (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 outside of the 14 day timeframe prescribed by section 185(3)(a) the Act. The Commission invited the parties to explain the late lodgement. On 2 September 2013, Ms Natasha Fletcher, the Applicant’s representative, advised that the Agreement was lodged out of time due to delays in obtaining the required materials for lodgement. In all the circumstances the Commission considers it fair to extent the period for lodgement and does so pursuant to section 185(3)(b).

[3] I am 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), I note that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 13 September 2013. The nominal expiry date of the Agreement is 1 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were Emerald Medical Centre Pty Ltd and the Australian Nursing and Midwifery Federation (ANMF). The dispute centred around the approval of the Emerald Medical Centre Practice Nurses Enterprise Agreement 2013-2016. The matter was heard in the Fair Work Commission (FWC). The FWC was tasked with determining whether the agreement met the necessary legal criteria for approval and registration under the Fair Work Act 2009.

The central legal issues before the FWC included whether the agreement was made in accordance with the relevant provisions of the Fair Work Act, whether it contained the required minimum terms and conditions, and whether it met the good faith bargaining requirement. Specifically, the FWC had to examine if the agreement was genuinely negotiated between the parties and if it provided for fair and reasonable terms and conditions for the nurses employed by Emerald Medical Centre.

In reaching its decision, the FWC considered the evidence presented by both parties. The FWC found that the agreement had been made in good faith and contained the minimum terms and conditions as required by the Fair Work Act. The FWC also determined that the agreement met the criteria for approval and registration. The FWC was satisfied that the bargaining process was genuine and that the terms of the agreement were fair and reasonable.

The FWC approved the Emerald Medical Centre Practice Nurses Enterprise Agreement 2013-2016 and ordered its registration with the Fair Work Commission. The agreement was to be in effect from the date of the FWC's decision until such time as it was superseded by a new agreement or terminated in accordance with the Fair Work Act. The FWC's decision provided clarity and legal certainty regarding the terms and conditions of employment for the practice nurses at Emerald Medical Centre.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established