Family Planning Victoria Summary

[2014] FWCA 5623

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Family Planning Victoria
(AG2014/1940)

FAMILY PLANNING VICTORIA AND THE AUSTRALIAN MEDICAL ASSOCIATION VICTORIA ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 21 AUGUST 2014

Application for approval of the Family Planning Victoria and the Australian Medical Association Victoria Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Family Planning Victoria and the Australian Medical Association Victoria 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 Family Planning Victoria. The agreement is a single enterprise agreement.

[2] 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 agreement does not contain a flexibility provision in the terms of s.202 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 28 August 2014. The nominal expiry date of the Agreement is 27 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Family Planning Victoria, the applicant, and the Australian Medical Association Victoria, the respondent, the Fair Work Commission was asked to consider the approval of an enterprise agreement. The agreement in question pertains to the terms and conditions of employment for certain employees of Family Planning Victoria. The Australian Medical Association Victoria, as the representative for the employees, sought to have the agreement ratified.

The central legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements outlined in the legislation. The Commission also considered whether the agreement adequately addressed the interests of both the employees and the employer, and if it was in the best interests of the employees.

The Commission found that the proposed agreement did meet the necessary criteria for approval. The agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific circumstances and needs of both parties. The Commission was satisfied that the agreement was reached through a genuine process of negotiation and consultation, and that it complied with the procedural requirements. Furthermore, the Commission determined that the agreement was in the best interests of the employees, as it provided for fair remuneration, reasonable working hours, and other benefits that were considered appropriate in the context of the industry and the parties' respective positions.

As a result, the Fair Work Commission approved the Family Planning Victoria and the Australian Medical Association Victoria Enterprise Agreement 2014, with the approval coming into effect on the date of the Commission's decision. The agreement now forms the basis for the terms and conditions of employment for the employees covered by the agreement.

Family Planning Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established