J Crawford and R.S Roebuck T/A The Highton Clinic

[2013] FWCA 6623

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J Crawford and R.S Roebuck T/A The Highton Clinic
(AG2013/2376)

THE HIGHTON CLINIC PRACTICE NURSES ENTERPRISE AGREEMENT 2013 - 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 6 SEPTEMBER 2013

Application for approval of The Highton Clinic Practice Nurses Enterprise Agreement 2013 - 2016.

[1] On 8 July 2013 the Highton Clinic made an application for approval of the The Highton Clinic 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 delays obtaining the relevant materials from the Applicant. 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

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of The Highton Clinic Practice Nurses Enterprise Agreement 2013-2016. The Highton Clinic, represented by J Crawford and R.S Roebuck, sought approval of the agreement, while the Australian Services Union, representing the nurses, filed an objection. The dispute centred on whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009.

The legal issues before the court required the Fair Work Commission to determine if the agreement was a "better off overall test" (BOOT) agreement, whether it contained all the mandatory terms, and if it adhered to the provisions of the Fair Work Act. Specifically, the court needed to assess if the agreement provided employees with conditions no less favourable than the applicable awards and if it complied with the procedural requirements of the Fair Work Act.

The Fair Work Commission examined the agreement's provisions and found that it did indeed meet the BOOT criteria, providing the employees with conditions that were at least as good as those in the relevant awards. The agreement contained all the necessary mandatory terms and complied with the procedural requirements set out in the Fair Work Act. Consequently, the court approved the agreement, acknowledging that it provided fair and reasonable terms for the employees while meeting all the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established