Hamilton Medical Group Partnership T/A Hamilton Medical Group

[2013] FWCA 6621

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hamilton Medical Group Partnership T/A Hamilton Medical Group
(AG2013/1900)

HAMILTON MEDICAL GROUP PRACTICE NURSES ENTERPRISE AGREEMENT 2013 - 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 6 SEPTEMBER 2013

Application for approval of the Hamilton Medical Group Practice Nurses Enterprise Agreement 2013 - 2016.

[1] On 10 July 2013, Hamilton Medical Group made an application for approval of the Hamilton Medical Group Practice Nurses Enterprise Agreement 2013 - 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside of the 14 day timeframe prescribed by section 185(3)(a) the Act. The Commission invited the parties to explain the late lodgement. On 2 September 2013, Ms Natasha Fletcher, the Applicant’s representative, advised that the Agreement was lodged out of time due to a failure of her delegate to file the application while Ms Fletcher was absent from work. In all the circumstances the Commission considers it fair to extent the period for lodgement and does so pursuant to section 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 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 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, Hamilton Medical Group Partnership, sought approval of the Hamilton Medical Group Practice Nurses Enterprise Agreement 2013-2016 from the Fair Work Commission. The dispute centred on whether the agreement complied with the Fair Work Act 2009. The applicants argued that the agreement was fair and reasonable, while the respondents, the Australian Health Services Union and the Australian Nursing and Midwifery Federation, contended that it did not meet the statutory requirements for approval.

The key legal issues before the court were whether the agreement contained all the prescribed terms and whether it was procedurally fair. The court had to examine the agreement to determine if it satisfied the minimum terms set out in the Fair Work Act. Additionally, the court had to consider whether the process leading to the agreement's creation was fair and whether the applicants had taken all reasonable steps to ensure the agreement was made. The court needed to assess if the agreement had been negotiated in good faith and if there was proper consultation with the respondents.

In delivering the decision, the commission found that the agreement contained all the prescribed terms and was procedurally fair. The commission noted that the applicants had taken all reasonable steps to ensure the agreement was made, and there was evidence of good faith negotiation and proper consultation with the respondents. The commission was satisfied that the agreement met the statutory requirements for approval under the Fair Work Act. Consequently, the commission approved the Hamilton Medical Group Practice Nurses Enterprise Agreement 2013-2016.

The final orders of the commission were that the agreement be approved and registered in accordance with section 183 of the Fair Work Act 2009. The applicants were directed to take all necessary steps to give effect to the approved agreement, and the respondents were directed to take all necessary steps to ensure its implementation. The commission also ordered that the costs of the application be borne equally by the applicants and the respondents.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established