DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne City Mission Inc
(AG2021/6004)

MELBOURNE CITY MISSION HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2020-2023

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 JULY 2021

Application for approval of the Melbourne City Mission Health Professionals Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne City Mission Health Professionals Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne City Mission Inc. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Health Services Union 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Melbourne City Mission Inc applied to the Fair Work Commission for approval of the Melbourne City Mission Health Professionals Enterprise Agreement 2020-2023. The applicant, a not-for-profit community organisation, employs health professionals in the City of Melbourne. The Health Professionals Union, representing employees, also applied for approval of the agreement. The dispute was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was a "single, clear, and complete" document, included all required terms, and was made in good faith. The Commission also considered whether the agreement was likely to achieve a fair and efficient workplace relationship.

The Commission found that the agreement was a single, clear, and complete document and contained all the required terms. The Commission noted that the agreement was made in good faith and was likely to achieve a fair and efficient workplace relationship. The Commission was satisfied that the agreement met all the statutory requirements and approved the Melbourne City Mission Health Professionals Enterprise Agreement 2020-2023.

The Fair Work Commission approved the Melbourne City Mission Health Professionals Enterprise Agreement 2020-2023, effective from 1 January 2020. The agreement outlines the terms and conditions of employment for health professionals employed by the applicant, including pay rates, leave entitlements, and dispute resolution procedures. The approval ensures that the agreement is legally binding on both the applicant and the employees covered by the agreement.

Melbourne City Mission Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established