DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Dental Clinic Ltd T/A Melbourne Dental Clinic
(AG2018/2940)

MELBOURNE DENTAL CLINIC ENTERPRISE AGREEMENT 2018-2019

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 OCTOBER 2018

Application for approval of the Melbourne Dental Clinic Enterprise Agreement 2018 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Dental Clinic Enterprise Agreement 2018 – 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne Dental Clinic Ltd T/A Melbourne Dental Clinic. 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.

[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] The Health Services Union (HSU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2018. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Melbourne Dental Clinic Limited, trading as Melbourne Dental Clinic, filed an application for the approval of the Melbourne Dental Clinic Enterprise Agreement 2018-2019. The application was heard by the Fair Work Commission, which is tasked with overseeing the approval process for enterprise agreements under Australian labour law. The primary concern was whether the agreement met the necessary legal criteria for approval, including ensuring that it provided fair and reasonable terms for the employees involved.

The court was required to determine whether the agreement contained adequate provisions for the protection of employees' rights and interests, and if it complied with the requirements set out in the Fair Work Act 2009. This involved scrutinising various clauses of the agreement, including those related to wages, hours of work, and other employment conditions. The court also considered whether the agreement had been genuinely negotiated and whether it provided for a fair and reasonable method of resolving disputes.

The Fair Work Commission found that the Melbourne Dental Clinic Enterprise Agreement 2018-2019 was consistent with the statutory requirements. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, and the court found that it had been genuinely negotiated between the employer and the employees' representatives. The commission approved the agreement, allowing it to take effect from the specified date. The decision emphasised the importance of ensuring that enterprise agreements facilitate fair and efficient workplace practices while protecting the rights of both employers and employees.

Melbourne Dental Clinic Ltd T/A Melbourne Dental Clinic

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established