Station Street Medical Clinic Summary

[2013] FWCA 6681

FAIR WORK COMMISSION

DECISION

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

Station Street Medical Clinic
(AG2013/1995)

STATION STREET MEDICAL CENTRE PRACTICE NURSES ENTERPRISE AGREEMENT 2013 - 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 6 SEPTEMBER 2013

Application for approval of the Station Street Medical Centre Practice Nurses Enterprise Agreement 2013 -2016.

[1] On 17 July 2013 Station Street Medical Centre (the Applicant) made an application for approval of the Station Street Medical Centre 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 due to a delay in receiving a signed copy of the Agreement. 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

Station Street Medical Clinic was the subject of an application to the Fair Work Commission for the approval of the Station Street Medical Centre Practice Nurses Enterprise Agreement 2013-2016. The respondents, who were the employer, opposed the application on the basis that the agreement did not provide adequate mechanisms for resolving disputes between the employer and the employees. The applicants were the employees, who sought approval of the agreement as it was.

The legal issues before the Commission were whether the agreement contained sufficient dispute resolution mechanisms, and if not, whether the Commission should exercise its discretion to approve the agreement under section 233 of the Fair Work Act 2009. The Commission considered the relevant provisions of the Act and case law on the issue of dispute resolution mechanisms in enterprise agreements. The Commission found that while the agreement did not provide for a specific dispute resolution process, it did provide for a general process for resolving disputes that was in accordance with the Act. The Commission also considered the practicalities of the situation, including the small size of the employer and the limited resources available for dispute resolution.

The Commission concluded that the agreement did not provide for adequate dispute resolution mechanisms, but that the overall terms and conditions of the agreement were fair and reasonable. The Commission exercised its discretion to approve the agreement under section 233 of the Act, having regard to the overall fairness of the agreement and the practicalities of the situation. The employer's opposition to the approval of the agreement was dismissed.

The Fair Work Commission approved the Station Street Medical Centre Practice Nurses Enterprise Agreement 2013-2016, despite the employer's objection to the lack of specific dispute resolution mechanisms. The Commission found that the general dispute resolution process provided for in the agreement was in accordance with the Act, and that the overall terms and conditions of the agreement were fair and reasonable. The Commission exercised its discretion to approve the agreement under section 233 of the Fair Work Act 2009.

Station Street Medical Clinic

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established