Family Planning NSW

[2017] FWCA 4631

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Family Planning NSW

(AG2017/2711)

Family Planning NSW Medical Officers’ Enterprise Agreement 2017

Health and welfare services
Commissioner Johns	SYDNEY, 5 SEPTEMBER 2017

Application for approval of the Family Planning NSW Medical Officers’ Enterprise Agreement 2017.

On 6 July 2017 Family Planning NSW (Applicant) made an application for approval of the Family Planning NSW Medical Officers’ Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Salaried Medical Officers 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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 12 September 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Family Planning NSW to approve the Family Planning NSW Medical Officers’ Enterprise Agreement 2017. This agreement, negotiated between the union and Family Planning NSW, aimed to set out the terms and conditions of employment for the medical officers. The union sought approval of the agreement, which included provisions for wages, conditions of work, and dispute resolution mechanisms. The Commission's task was to determine whether the agreement met the statutory requirements and was in the best interests of the employees.

The primary legal issue before the Commission was whether the agreement complied with the Fair Work Act 2009, specifically sections concerning the content of agreements and the best interests of the employees. The Commission needed to assess whether the agreement included all mandated terms and conditions, was free from prohibited content, and was beneficial to the employees it covered. The Commission also needed to ensure the agreement did not undermine the principles of the Act, particularly in relation to ensuring fair and reasonable terms for employees.

The Commission concluded that the agreement was compliant with the statutory requirements of the Act. It found that the agreement included all necessary terms and conditions, was free from prohibited content, and was in the best interests of the employees. The Commission was satisfied that the agreement provided fair and reasonable terms for the employees, taking into account the nature of the work and the bargaining power of the parties. The Commission approved the agreement, recognising the efforts of both parties in negotiating a fair and reasonable outcome for the employees.

The Commission's final orders were to approve the Family Planning NSW Medical Officers’ Enterprise Agreement 2017. The approved agreement would now serve as the terms and conditions of employment for the medical officers covered by the agreement. This decision provided certainty and stability for both the employees and the employer, ensuring that the terms of employment were fair and complied with the relevant legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established