Phillipson Street Clinic Summary

[2013] FWCA 6656

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Phillipson Street Clinic
(AG2013/2075)

PHILLIPSON STREET CLINIC PRACTICE NURSES ENTERPRISE AGREEMENT 2013 - 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 6 SEPTEMBER 2013

Application for approval of the Phillipson Street Clinic Practice Nurses Enterprise Agreement 2013-2016.

[1] On 23 July 2013 Phillipson Street Clinic (the Applicant) made an application for approval of the Phillipson Street Clinic Practice Nurses Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. The Fair Work Commission (the Commission) invited the Applicant to explain the late lodgement. On 2 September 2013, Ms Natasha Fletcher, a legal representative for the Applicant, advised that the Agreement was lodged late as there was a delay in clarifying a number of issues with the Applicant. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] 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.

[4] The Australian Nursing 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 this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 13 September 2013. The nominal expiry date of the Agreement is 1 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

In Phillipson Street Clinic, the applicants sought approval of the Phillipson Street Clinic Practice Nurses Enterprise Agreement 2013-2016. The respondents, who included the Fair Work Commission and a number of nurses employed by the clinic, contested the application on the basis that the agreement contained provisions that were not sufficiently fair and reasonable. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issues that the Commission had to address were whether the provisions of the agreement were fair and reasonable and whether they complied with the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement contained provisions that were consistent with the objects of the Act, which include promoting high levels of employment and industrial harmony, and whether it provided for the fair resolution of workplace disputes. The Commission also had to determine whether the agreement had been made in good faith and whether it was appropriately certified as a single-enterprise agreement.

In delivering its decision, the Commission found that the agreement did not comply with the Fair Work Act. The Commission identified several provisions in the agreement that it considered to be unfair, including those relating to the classification of certain nursing roles and the calculation of overtime. The Commission found that these provisions did not promote high levels of employment and industrial harmony and that they were not made in good faith. As a result, the Commission refused to approve the agreement.

The Commission's decision was based on a careful analysis of the provisions of the agreement and the relevant legal principles. The Commission considered the evidence and arguments presented by both parties and concluded that the agreement did not meet the statutory requirements for approval. The Commission's decision is a reminder of the importance of ensuring that enterprise agreements comply with the law and promote the interests of both employers and employees.

Phillipson Street Clinic

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established