Goulburn Valley Medicare Local

[2014] FWCA 1828

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goulburn Valley Medicare Local
(AG2014/3455)

GOULBURN VALLEY MEDICARE LOCAL SINGLE ENTERPRISE AGREEMENT 2014-2018

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 18 MARCH 2014

Application for approval of the Goulburn Valley Medicare Local Single Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Goulburn Valley Medicare Local Single Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goulburn Valley Medicare Local. The agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision which have been given by the employer.

[3] 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 Agreement is approved and, in accordance with s.54, will operate from 25 March 2014. The nominal expiry date of the Agreement is 1 January 2018

[5] The agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Goulburn Valley Medicare Local, sought approval for their Single Enterprise Agreement covering the years 2014 to 2018. The respondents, who included the Australian Nursing and Midwifery Federation and the Health Services Union, opposed the application, arguing that the proposed agreement did not adequately address certain issues. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issue before the commission was whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the commission had to determine if the agreement was a genuine enterprise agreement, as defined by the Act, and if it contained the necessary provisions regarding wages, conditions of employment, and other terms and conditions of employment. The respondents challenged the agreement's compliance with these statutory criteria, focusing on several contentious clauses.

The commission considered the statutory provisions and the context in which the agreement was made. It noted that the agreement was the result of negotiations between the applicants and the respondents, and it contained various terms and conditions of employment. The commission found that the agreement was indeed a genuine enterprise agreement, as it covered a defined group of employees and was made in good faith. It also concluded that the contentious clauses did not contravene the Act, as they were necessary to achieve a fair balance between the parties' interests. The commission ultimately approved the agreement, finding that it met all legal requirements.

The Fair Work Commission approved the Goulburn Valley Medicare Local Single Enterprise Agreement 2014-2018, dismissing the respondents' objections. The commission found that the agreement was a genuine enterprise agreement and that it complied with all statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established