DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perth Clinic Pty Ltd
(AG2014/10927)

PERTH CLINIC ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 26 MARCH 2015

Application for approval of the Perth Clinic Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Perth Clinic 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 Perth Clinic Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Perth Clinic Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Australian Nursing and Midwifery Federation WA Branch 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2015. The nominal expiry date of the Agreement is 16 November 2017.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Perth Clinic Pty Ltd, an employer, sought approval of the Perth Clinic Enterprise Agreement 2014 in the Fair Work Commission. The employees, represented by the Health Services Union of Australia, contested the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained all the mandatory terms required by the Act and whether it was sufficiently fair and reasonable. The Commission had to examine the terms and conditions outlined in the agreement, including wages, hours of work, leave entitlements, and other employment-related matters, to determine if they complied with the statutory framework. Additionally, the Commission assessed the fairness and reasonableness of the agreement in the context of the broader labour market and industrial relations environment.

After a thorough review of the agreement, the Commission found that the Perth Clinic Enterprise Agreement 2014 contained all the mandatory terms required by the Fair Work Act 2009. The Commission also determined that the agreement was fair and reasonable, taking into account the specific circumstances of the parties and the broader industrial relations context. As a result, the Commission approved the agreement, allowing it to come into effect and govern the employment relationship between Perth Clinic Pty Ltd and its employees.

Perth Clinic Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established