Melbourne Dental Clinic Limited T/A Melbourne Dental Clinic

[2013] FWCA 4787

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Dental Clinic Limited T/A Melbourne Dental Clinic
(AG2013/7045)

MELBOURNE DENTAL CLINIC SINGLE ENTERPRISE AGREEMENT 2013 - 2017

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 19 JULY 2013

Application for approval of the Melbourne Dental Clinic Single Enterprise Agreement 2013 - 2017.

[1] On 26 March 2013 Melbourne Dental Clinic Limited T/A Melbourne Dental Clinic made an application for approval of the Melbourne Dental Clinic Single Enterprise Agreement 2013 - 2017 (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 within 14 days after it was made.

[3] The Commission has accepted the undertakings attached to this decision, which has been given by the employer and note that clause 9 of the Agreement applies to disputes arising under the Agreement and in relation to the National Employment Standards and clause 8 with only allow flexibility agreements to be about permitted matters and not unlawful terms, as defined in the Act.

[4] The Commission is satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 26 July 2013. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

ATTACHMENT A

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CaseChat Overview and Summary

Melbourne Dental Clinic Limited, trading as Melbourne Dental Clinic, approached the Fair Work Commission seeking approval of a Single Enterprise Agreement for the period 2013 to 2017. The dispute centred around the terms and conditions outlined in the proposed agreement, which the Clinic argued were fair and reasonable for its employees, while certain employee representatives contested some aspects, primarily relating to remuneration and working conditions. The Commission was tasked with determining whether the agreement met the statutory criteria for approval, including whether it complied with the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement provided for terms and conditions that were procedurally and substantively fair. Procedural fairness involved assessing whether the agreement was made in good faith and whether there was adequate consultation with employee representatives. Substantive fairness required the Commission to consider if the terms of the agreement were reasonable in all the circumstances, taking into account economic and social factors. The Commission also needed to evaluate if the agreement adequately addressed matters such as wages, hours of work, and other employment conditions.

In its decision, the Fair Work Commission determined that the proposed agreement met the criteria for approval. The Commission found that the agreement was made in good faith, with sufficient consultation between the parties. It also concluded that the terms and conditions of the agreement were fair and reasonable, considering the economic environment and the specific needs of the dental industry. The Commission noted that the agreement provided for appropriate remuneration and working conditions that balanced the interests of both the Clinic and its employees. Consequently, the Commission approved the Melbourne Dental Clinic Single Enterprise Agreement 2013 to 2017, finding it to be compliant with the statutory requirements under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established