Goulburn River Group Practice

[2013] FWCA 5250

FAIR WORK COMMISSION

DECISION

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

Goulburn River Group Practice
(AG2013/1861)

GOULBURN RIVER GROUP PRACTICE, PRACTICE NURSES ENTERPRISE AGREEMENT 2013 - 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 6 SEPTEMBER 2013

Application for approval of the Goulburn River Group Practice, Practice Nurses Enterprise Agreement 2013 - 2016.

[1] On 8 July 2013 Goulburn River Group Practice (the Applicant) made an application for approval of the Goulburn River Group Practice, Practice Nurses Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. The Fair Work Commission (the Commission) invited the Applicant to explain the late lodgement. On 2 September 2013, Ms Natasha Fletcher, a legal representative for the Applicant, advised that the Agreement was lodged late due to a delay in receiving the signed Agreement. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] 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.

[4] The Australian Nursing 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 this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 13 September 2013. The nominal expiry date of the Agreement is 1 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Goulburn River Group Practice, sought approval of the Practice Nurses Enterprise Agreement 2013 - 2016 from the Fair Work Commission. The respondents were the Australian Nursing and Midwifery Federation and the Australian Health Services Union. The dispute centred on the terms and conditions of employment for practice nurses within the Goulburn River Group Practice and whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issue was whether the agreement met the criteria for approval under section 233 of the Fair Work Act. Specifically, the court needed to determine if the agreement was "better off overall" for the employees, and if it complied with the "good faith" bargaining requirement. The court also had to consider if the agreement was free from any elements that might be considered to be contrary to public policy or in breach of any legislative provisions.

In its decision, the Fair Work Commission found that the proposed agreement was indeed better off overall for the employees as it provided for fair remuneration and working conditions that met the statutory requirements. The Commission also concluded that the agreement had been negotiated in good faith, with all parties engaging constructively in the bargaining process. Additionally, the Commission was satisfied that the agreement did not contain any provisions that contravened public policy or any legislative requirements. Consequently, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the Goulburn River Group Practice, Practice Nurses Enterprise Agreement 2013 - 2016, determining it to be compliant with the statutory requirements under the Fair Work Act. This decision provided clarity and legal certainty regarding the terms and conditions for practice nurses within the Goulburn River Group Practice.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established