Linley Clinic

[2013] FWCA 3198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linley Clinic
(AG2013/1176)

LINLEY CLINIC AND ANF ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 22 MAY 2013

Application for approval of the Linley Clinic and ANF Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Linley Clinic and ANF Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Linley Clinic. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement is approved and, in accordance with s.54, will operate from 29 May 2013. The nominal expiry date of the Agreement is 1 September 2014.

[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 agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] 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 the organisation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Linley Clinic is a medical practice located in Victoria, Australia. The parties involved in this case are the Linley Clinic, represented by Mr Linley, and the Fair Work Commission. The dispute centres on the approval of the Linley Clinic and ANF Enterprise Agreement 2013. The matter was heard in the Fair Work Commission, where the applicant sought approval of the agreement under section 233 of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements of section 233 of the Fair Work Act. This section requires that an enterprise agreement, before it can be approved, must have been negotiated in good faith and be free from any illegality or coercion. The Commission had to assess whether the agreement was genuinely negotiated without coercion and whether it complied with all relevant provisions of the Act.

The Commission examined the evidence provided by both parties and found that the agreement was indeed the result of genuine negotiations. The evidence demonstrated that the parties engaged in discussions and compromises that led to the final agreement. The Commission also noted that there was no evidence of coercion or illegality in the negotiation process. Consequently, the Commission concluded that the agreement satisfied the requirements of section 233 of the Fair Work Act and approved the Linley Clinic and ANF Enterprise Agreement 2013.

No further orders were required as the primary objective of the application was achieved by the approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established