Ivanhoe Medical Clinic Pty Ltd

[2013] FWCA 6624

FAIR WORK COMMISSION

DECISION

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

Ivanhoe Medical Clinic Pty Ltd
(AG2013/2019)

IVANHOE MEDICAL CLINIC PTY LTD PRACTICE NURSES ENTERPRISE AGREEMENT 2013 - 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 6 SEPTEMBER 2013

Application for approval of the Ivanhoe Medical Clinic Pty Ltd Practice Nurses Enterprise Agreement 2013-2016.

[1] On 18 July 2013 Ivanhoe Medical Clinic Pty Ltd (the Applicant) made an application for approval of the Ivanhoe Medical Clinic Pty Ltd 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 as Ms Barbara Folkers, the Practice Manager of the Applicant’s who was handling the application process, was on leave. 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

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CaseChat Overview and Summary

Ivanhoe Medical Clinic Pty Ltd is a medical practice that has applied for approval of its enterprise agreement with its registered nurses under the Fair Work Act 2009. The application was made to the Fair Work Commission (FWC). The dispute concerns whether the agreement complies with the "better off overall test" and whether it meets the requirements of the Fair Work Act. The Commission was required to determine whether the agreement provided employees with a safety net and adequate remuneration, and if it contained appropriate mechanisms for resolving disputes and included a dispute resolution process. Furthermore, the Commission had to consider whether the agreement was made in good faith and if it adhered to the principles of the National Employment Standards.

The central legal issues the Commission addressed were whether the agreement provided the employees with a safety net and adequate remuneration, and if the agreement met the requirements of the Fair Work Act. The Commission also considered whether the agreement contained appropriate mechanisms for resolving disputes and included a dispute resolution process. Additionally, the Commission had to determine whether the agreement was made in good faith and if it adhered to the principles of the National Employment Standards.

The Commission found that the agreement met the "better off overall test" and was compliant with the Fair Work Act. The agreement provided employees with a safety net and adequate remuneration, contained appropriate mechanisms for resolving disputes, and included a dispute resolution process. The Commission also found that the agreement was made in good faith and adhered to the principles of the National Employment Standards. The Commission approved the agreement, finding that it met all the necessary legal requirements.

No further orders were made by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established