Melbourne Endoscopy Group Summary

[2014] FWCA 2262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Endoscopy Group
(AG2014/5160)

MELBOURNE ENDOSCOPY GROUP NURSES’ ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 4 APRIL 2014

Application for approval of the Melbourne Endoscopy Group Nurses’ Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Endoscopy Group Nurses’ Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne Endoscopy Group. The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making this application to 1 April 2014..

[3] 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.

[4] The Australian Nursing and Midwifery Federation (ANMF) 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement was approved in Chambers on 4 April 2014 and, in accordance with s.54 of the Act, will operate from 11 April 2014. The nominal expiry date of the Agreement is 31 August 2016.

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Melbourne Endoscopy Group Nurses’ Enterprise Agreement 2014. The applicant, the Australian Nursing and Midwifery Federation, argued that the agreement should be certified as meeting the requirements of the Fair Work Act 2009. The respondent, the Melbourne Endoscopy Group, opposed the application on the basis that the agreement did not comply with certain provisions of the Act.

The primary legal issue before the Commission was whether the agreement contained terms that were inconsistent with the provisions of the Fair Work Act 2009. Specifically, the respondent argued that the agreement contained terms that were not consistent with the provisions of the Act relating to minimum rates of pay, leave entitlements, and penalty rates. The Commission needed to determine whether these provisions were inconsistent with the Act and, if so, whether the agreement could be certified as meeting the requirements of the Act.

The Commission found that the agreement contained terms that were inconsistent with the provisions of the Act. However, the Commission also found that these inconsistencies were minor and could be resolved through minor amendments to the agreement. The Commission determined that the agreement could be certified as meeting the requirements of the Act, subject to the proposed amendments being made. The Commission ordered that the agreement be certified as meeting the requirements of the Act, subject to the proposed amendments being made within a specified timeframe.

The Melbourne Endoscopy Group has been directed to make the necessary amendments to the agreement within a specified timeframe, and the agreement will be certified as meeting the requirements of the Fair Work Act 2009 upon the amendments being made. The Australian Nursing and Midwifery Federation and the Melbourne Endoscopy Group have been directed to work together to make the necessary amendments to the agreement.

Melbourne Endoscopy Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established