Phoenix Medical Services Pty Ltd ATF The Phoenix Trust T/A Kincraig Medical Clinic

[2014] FWCA 3316

FAIR WORK COMMISSION

DECISION

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

Phoenix Medical Services Pty Ltd ATF The Phoenix Trust T/A Kincraig Medical Clinic
(AG2014/5995)

KINCRAIG MEDICAL CLINIC ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 21 MAY 2014

Application for approval of the Kincraig Medical Clinic Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Kincraig Medical Clinic Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Phoenix Medical Services Pty Ltd ATF The Phoenix Trust T/A Kincraig Medical Clinic. The Agreement is a single-enterprise agreement.

[2] 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 the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2014. The nominal expiry date of the Agreement is 27 May 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Kincraig Medical Clinic Enterprise Agreement 2014, with Phoenix Medical Services Pty Ltd acting as the employer. The dispute centred on the conditions of employment for medical practitioners and support staff employed by the clinic. The Fair Work Commission was tasked with determining whether the proposed agreement met the legal requirements under the Fair Work Act 2009, specifically focusing on provisions regarding wages, hours of work, and other employment conditions.

The legal issues that the court needed to address included whether the agreement provided fair and reasonable terms and conditions for the employees, whether it complied with relevant statutory minima, and if it adhered to the principles of good faith bargaining. Additionally, the court considered the impact of the agreement on the health and safety of employees, as well as the overall fairness and equity of the terms proposed.

In delivering its decision, the Fair Work Commission carefully examined the terms of the agreement in light of the statutory requirements and the broader context of industrial relations. The Commission found that the proposed agreement provided fair and reasonable terms for the employees, including appropriate wages, leave entitlements, and other conditions of employment. The Commission also noted that the agreement complied with the statutory minima and demonstrated good faith bargaining. As a result, the Fair Work Commission approved the Kincraig Medical Clinic Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established