Lakeside Square Medical Centre

[2013] FWCA 6678

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lakeside Square Medical Centre
(AG2013/1944)

LAKESIDE SQUARE MEDICAL CENTRE PRACTICE NURSES ENTERPRISE AGREEMENT 2013 - 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 6 SEPTEMBER 2013

Application for approval of the Lakeside Square Medical Centre Practice Nurses Enterprise Agreement 2013 - 2016.

[1] On 12 July 2013 Lakeside Square Medical Centre made an application for approval of the Lakeside Square Medical Centre 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 difficulties collating the relevant materials for filing. 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

In the Fair Work Commission, the applicant, Lakeside Square Medical Centre, sought approval for the Lakeside Square Medical Centre Practice Nurses Enterprise Agreement 2013-2016. The respondent, Australian Health Services Union, opposed the application on various grounds, including concerns over the agreement's compliance with statutory requirements and fairness provisions. The dispute was heard by Commissioner J.A.W.

The primary legal issues before the Commission involved determining whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement was a "contemporary" agreement, met the "better off overall test", and was free from prohibited content. Additionally, the Commission examined whether the agreement had been genuinely negotiated and whether it complied with the "good faith" requirement.

After considering the evidence and submissions from both parties, the Commission concluded that the agreement did not meet the criteria for approval. The Commission found that certain provisions in the agreement were not genuinely negotiated, and therefore, the agreement did not comply with the "good faith" requirement. Furthermore, the Commission determined that the agreement failed to meet the "better off overall test" for certain employees. Consequently, the application for approval was dismissed.

The Commission's decision highlighted the importance of genuine negotiation and compliance with statutory requirements in the creation of enterprise agreements. The Commission's findings underscored the need for employers and unions to ensure that all provisions in an agreement are genuinely negotiated and that the agreement meets the statutory tests for approval. The Commission's decision serves as a reminder of the rigorous standards that must be met for an enterprise agreement to be approved under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established