Fullarton Clinic Pty Ltd

[2023] FWCA 1596

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fullarton Clinic Pty Ltd

(AG2023/1553)

FULLARTON CLINIC SUPPORT SERVICES GREENFIELDS

Agreement 2022

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 2 JUNE 2023

Application for approval of the Fullarton Clinic Support Services Greenfields Agreement 2022

An application has been made for approval of a greenfields agreement known as the Fullarton Clinic Support Services Greenfields Agreement 2022 (the Agreement). The application was made by Fullarton Clinic Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Health Workers Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Health Workers Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2023. The nominal expiry date of the Agreement is 1 January 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Fullarton Clinic, sought approval for a workplace agreement under the Fair Work Act 2009 from the Fair Work Commission. The agreement in question was the Fullarton Clinic Support Services Greenfields Agreement 2022, which aimed to govern the employment conditions of support staff. The application was opposed by the Health Services Union of Australia (HSU), which represented some of the employees affected by the agreement.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act, specifically concerning the nature of the agreement, the process through which it was made, and its fairness. The HSU argued that the agreement did not appropriately address the concerns of the employees and contained provisions that were not fair and reasonable. The Commission needed to determine if the agreement met the statutory requirements for approval and if it was fair and reasonable in all its aspects.

The Commission considered the submissions from both parties and reviewed the contents of the agreement. It examined whether the agreement covered the appropriate terms and conditions and whether it was made in good faith. The Commission found that the agreement was comprehensive and covered the necessary terms. It also determined that the agreement was made in good faith and was not contrary to public policy. After assessing the fairness of the agreement, the Commission concluded that it was fair and reasonable, taking into account the nature of the workplace and the bargaining positions of the parties.

The Fair Work Commission approved the Fullarton Clinic Support Services Greenfields Agreement 2022, finding that it met all the statutory requirements for approval. The agreement was deemed to be a valid and enforceable workplace agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established