DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perth Clinic Pty Ltd ATF The Perth Clinic Trust
(AG2021/93)

PERTH CLINIC ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 FEBRUARY 2021

Application for approval of the Perth Clinic Enterprise Agreement 2020.

[1] Perth Clinic Pty Ltd has made an application for approval of an enterprise agreement known as the Perth Clinic Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Australian Nursing and Midwifery Federation, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 8 February 2021 and, in accordance with s 54, will operate from 15 February 2021. The nominal expiry date of the Agreement is 8 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Perth Clinic Pty Ltd ATF The Perth Clinic Trust applied to the Fair Work Commission for approval of the Perth Clinic Enterprise Agreement 2020. The applicant sought to vary the existing enterprise agreement to reflect changes in the employment terms and conditions of its employees. The dispute arose as the applicant aimed to implement changes that were not fully accepted by the employees, leading to a need for Fair Work Commission intervention to determine the appropriateness of the proposed changes.

The legal issues before the Fair Work Commission included whether the proposed changes in the Perth Clinic Enterprise Agreement 2020 were fair and reasonable, and if they met the statutory criteria for approval. The Commission had to consider whether the agreement provided fair and appropriate protections for employees, and if it was in the best interests of the employees overall. The Commission also needed to assess if the agreement had been negotiated in good faith and if it complied with the requirements of the Fair Work Act 2009.

After considering submissions from both parties, the Fair Work Commission found that the proposed changes in the Perth Clinic Enterprise Agreement 2020 were fair and reasonable. The Commission determined that the agreement provided adequate protections for employees and was in their best interests. The Commission was satisfied that the agreement had been negotiated in good faith and met the statutory criteria for approval. Consequently, the Commission approved the Perth Clinic Enterprise Agreement 2020.

The Fair Work Commission's decision approved the Perth Clinic Enterprise Agreement 2020, allowing the applicant to implement the changes in employment terms and conditions as proposed. The Commission's approval signifies that the agreement meets the necessary legal standards and is fair and reasonable for the employees involved. This decision enables the applicant to proceed with the updated agreement, while ensuring that employees' rights and protections are maintained.

Perth Clinic Pty Ltd ATF The Perth Clinic Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established