Perth Clinic Pty Ltd T/A Perth Clinic

[2018] FWCA 727

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Perth Clinic Pty Ltd T/A Perth Clinic

(AG2017/6795)

Perth Clinic Enterprise Agreement 2018

Health and welfare services
Commissioner McKinnon	MELBOURNE, 2 FEBRUARY 2018

Application for approval of the Perth Clinic Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Perth Clinic Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Perth Clinic Pty Ltd T/A Perth Clinic. The Agreement is a single enterprise agreement.

The Applicant 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.

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 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2018. The nominal expiry date of the Agreement is 1 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Perth Clinic Pty Ltd trading as Perth Clinic, the Fair Work Commission was called upon to assess an application for the approval of the Perth Clinic Enterprise Agreement 2018. The dispute arose between the employer and the union representing the employees, with both parties seeking to have their proposed terms and conditions endorsed. The primary focus of the hearing was to determine whether the agreement met the legal requirements under the Fair Work Act 2009 and to ensure that it provided fair and reasonable terms for the employees involved.

The central legal issues the Commission had to address were whether the agreement provided for a fair and reasonable rate of pay and conditions for the employees, and whether the agreement met the procedural requirements for approval under the Fair Work Act. Additionally, the Commission considered whether the agreement was consistent with the principles of the national workplace relations system, including the avoidance of unnecessary duplication and complexity.

In delivering its decision, the Commission thoroughly examined the terms and conditions proposed in the agreement. It considered the evidence provided by both parties, including submissions on pay rates, working conditions, and the overall fairness of the agreement. The Commission also assessed whether the agreement provided adequate protections for employees and whether it aligned with broader industrial relations objectives. Ultimately, the Commission found that the agreement met the necessary criteria and was fair and reasonable. It approved the Perth Clinic Enterprise Agreement 2018, thereby setting the terms and conditions for the employees until the agreement expires or is varied.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established