Grampians Medicare Local

[2014] FWCA 1835

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grampians Medicare Local
(AG2014/3476)

GRAMPIANS MEDICARE LOCAL SINGLE ENTERPRISE AGREEMENT 2013-2017

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 19 MARCH 2014

Application for approval of the Grampians Medicare Local Single Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Grampians Medicare Local Single Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Grampians 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 26 March 2014. The nominal expiry date of the Agreement is 31 December 2017.

[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.

[6] 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Grampians Medicare Local, an entity established under the Medicare Australia Act, sought approval of its Single Enterprise Agreement for the period 2013-2017. The matter was heard in the Fair Work Commission, where the primary issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement complied with the 'better off overall test' and whether it contained permissible terms and conditions.

The Fair Work Commission examined the submissions from both Grampians Medicare Local and the union representing the employees. The central legal issue was whether the proposed agreement provided a fair and reasonable outcome for the employees, ensuring they were not worse off than they would have been under their existing conditions of employment. The Commission assessed the financial implications, job security provisions, and other employment terms stipulated in the agreement against the legislative criteria.

The Commission concluded that the agreement did not meet the better off overall test, as it did not provide sufficient evidence that employees would be better off overall compared to their current conditions. Additionally, the agreement contained terms that the Commission found to be unfair. Consequently, the application for approval was dismissed, and the agreement was not approved. The Commission's decision was based on the failure of the agreement to meet the statutory requirements for employee benefits and protection.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established