Family Planning NSW

[2014] FWCA 5797

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Family Planning NSW
(AG2014/1902)

FAMILY PLANNING NSW MEDICAL OFFICERS' ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 22 AUGUST 2014

Application for approval of the Family Planning NSW Medical Officers' Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Family Planning NSW Medical Officers' Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Caltex Refineries (NSW) Pty Limited. The agreement is a single-enterprise agreement.

[2] 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.

[3] 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) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement and is attached to this Decision.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Family Planning NSW, sought approval of the Family Planning NSW Medical Officers' Enterprise Agreement 2014. The respondent, the Australian Health Practitioners Regulation Agency, contested the approval of certain provisions within the agreement, particularly those relating to pay rates and classification of medical officers. The central dispute revolved around whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically if it provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The legal issues before the court included whether the pay rates and classifications outlined in the agreement were fair and reasonable, and if the agreement provided for the fair and efficient operation of the workplace. Additionally, the court examined if the agreement met the requirements of the Fair Work Act, including whether it adhered to the 'better off overall test' and did not undermine the safety net of minimum standards. The court also needed to determine if the agreement was consistent with the public interest and whether it aligned with relevant federal laws.

The Fair Work Commission concluded that the agreement, with certain modifications, met the statutory requirements for approval. The court found that the pay rates and classifications proposed were fair and reasonable, providing that the employees would be better off overall. The court noted that the agreement was consistent with the public interest and did not undermine the safety net of minimum standards. Consequently, the court approved the agreement with minor amendments to ensure it complied with the Fair Work Act and relevant federal laws. The modifications were primarily aimed at ensuring that the agreement adhered to the better off overall test and did not contravene any legal provisions.

The final orders included the approval of the Family Planning NSW Medical Officers' Enterprise Agreement 2014, subject to the specified amendments. The court mandated that the agreement be lodged with the Commission within the stipulated timeframe, ensuring all modifications were implemented and compliant with the Fair Work Act. This decision established the parameters within which the agreement would operate, safeguarding both the interests of the employees and the operational efficiency of Family Planning NSW.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established