DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Foster Docs Pty Ltd T/A Foster & Toora Medical Centre
(AG2020/1521)

FOSTER AND TOORA MEDICAL CENTRE PRACTICE NURSES ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 1 JULY 2020

Application for approval of the Foster and Toora Medical Centre Practice Nurses Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Foster and Toora Medical Centre Practice Nurses Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Foster Docs Pty Ltd T/A Foster & Toora Medical Centre. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2020. The nominal expiry date of the Agreement is 1 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Foster Docs Pty Ltd, trading as Foster & Toora Medical Centre, and the Registered Nurses' Union of Australia, Victoria Branch. The dispute pertained to the application for approval of the Foster and Toora Medical Centre Practice Nurses Enterprise Agreement 2020. The matter was heard in the Fair Work Commission, which has jurisdiction over such employment agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval as a "modern award." This involved assessing the agreement's compliance with the Fair Work Act, including its fairness, simplicity, and whether it provided for minimum rates of pay, conditions, and entitlements that were not less favourable than the applicable modern awards. The Commission also needed to determine whether the agreement was made in good faith and whether it facilitated improved productivity and efficiency in the workplace.

The Fair Work Commission found that the Foster and Toora Medical Centre Practice Nurses Enterprise Agreement 2020 was fair and reasonable, taking into account the specific circumstances of the parties and the nature of the work performed by the practice nurses. The Commission noted that the agreement provided for minimum rates of pay and conditions that were not less favourable than the relevant modern awards and that it included provisions for improved productivity and efficiency. The Commission was satisfied that the agreement was made in good faith and met the requirements for approval under the Fair Work Act. Consequently, the Commission approved the agreement.

In its decision, the Fair Work Commission approved the Foster and Toora Medical Centre Practice Nurses Enterprise Agreement 2020, effective from the date of the decision. The approval ensures that the terms and conditions of employment for practice nurses at the medical centre are governed by the agreed-upon terms, providing a clear and fair framework for their employment relationship.

Foster Docs Pty Ltd T/A Foster & Toora Medical Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established