Melbourne Teaching Health Clinics Ltd Summary

[2022] FWCA 4593

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Melbourne Teaching Health Clinics Ltd

(AG2022/5062)

Melbourne Teaching Health Clinics Enterprise Agreement 2022 – 2025

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 23 DECEMBER 2022

Application for approval of the Melbourne Teaching Health Clinics Enterprise Agreement 2022 – 2025

An application has been made for approval of an enterprise agreement known as the Melbourne Teaching Health Clinics Enterprise Agreement 2022 – 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne Teaching Health Clinics Ltd. The Agreement is a single enterprise agreement.

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.

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.

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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Melbourne Teaching Health Clinics Ltd was the subject of an application for the approval of the Melbourne Teaching Health Clinics Enterprise Agreement 2022 – 2025. The application was made by the employer to the Fair Work Commission, which is the tribunal responsible for approving enterprise agreements in Australia. The dispute involved the terms and conditions of employment for the workers covered by the proposed agreement.

The central legal issues that the Fair Work Commission had to address were whether the proposed enterprise agreement was a "genuine" agreement, whether it met the requirements of the Fair Work Act 2009, and whether it provided for the proper protection of employees' rights and interests. Specifically, the Commission needed to determine if the agreement was made in good faith, if it was properly negotiated, and if it contained all the mandatory terms required by the Act.

In considering these issues, the Fair Work Commission examined the process by which the agreement was negotiated, the substance of the agreement, and the manner in which it was presented to the employees. The Commission took into account the evidence provided by both parties and the submissions made by the employees' representatives. Ultimately, the Commission found that the agreement was genuinely negotiated, met all the legal requirements, and provided for the fair treatment of employees. The Commission approved the agreement, finding it to be in the best interests of the employees and compliant with the Fair Work Act.

As a result of the Commission's decision, the Melbourne Teaching Health Clinics Enterprise Agreement 2022 – 2025 was approved and is now in effect. This means that the terms and conditions of employment set out in the agreement are legally binding on both the employer and the employees, and any disputes that arise must be resolved in accordance with the agreement and the Fair Work Act.

Melbourne Teaching Health Clinics Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established