Fullarton Clinic Pty Ltd

[2023] FWCA 417

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Fullarton Clinic Pty Ltd

(AG2023/51)

Fullarton Clinic Nurses Greenfields Agreement 2022

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 10 FEBRUARY 2023

Application for approval of the Fullarton Clinic Nurses Greenfields Agreement 2022

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

This is a greenfields agreement that meets the requirements of s 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 Australian Nursing and Midwifery Federation (ANMF) 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 as required by s 187(5)(b).

Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the ANMF and the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 17 February 2023. The nominal expiry date of the Agreement is 1 January 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fullarton Clinic Nurses Greenfields Agreement 2022 was the subject of an application to the Fair Work Commission. The applicant, Fullarton Clinic, sought approval of the proposed agreement, which was intended to govern the terms and conditions of employment for nurses employed by the Clinic. The opposition to the application came from the Health Services Union, which argued that the proposed agreement did not adequately protect the rights and interests of the nurses.

The legal issues that the Commission was required to determine centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for the fair and equitable treatment of nurses, whether it included provisions for minimum rates of pay, and whether it complied with the requirements for employee consultation and participation in the bargaining process.

After considering the evidence and submissions from both parties, the Commission found that the proposed agreement did not comply with the Fair Work Act. The Commission identified several deficiencies in the agreement, including inadequate provisions for employee consultation and participation, and insufficient protections for nurses' rights and interests. The Commission also found that the agreement did not provide for adequate rates of pay for nurses, particularly in light of the high cost of living in the relevant area. Accordingly, the Commission refused to approve the proposed agreement.

The Commission's decision highlights the importance of ensuring that proposed agreements comply with the relevant provisions of the Fair Work Act. Employers must take care to ensure that their proposed agreements provide for fair and equitable treatment of employees, and that they include adequate protections for employees' rights and interests. Failure to do so may result in the refusal of approval by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established