DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sutherland Heart Clinic Pty Ltd T/A Sutherland Heart Clinic
(AG2016/2173)

SUTHERLAND HEART CLINIC ENTERPRISE AGREEMENT 2015 - 2017

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 15 FEBRUARY 2016

Application for approval of the Sutherland Heart Clinic Enterprise Agreement 2015 - 2017.

[1] On 21 January 2016 Sutherland Heart Clinic Pty Ltd T/A Sutherland Heart Clinic (Applicant) made an application for approval of the Sutherland Heart Clinic Enterprise Agreement 2015 - 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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 Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 22 February 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code J, AE417828 PR577044

CaseChat Overview and Summary

In the recent case, Sutherland Heart Clinic Pty Ltd, trading as Sutherland Heart Clinic, sought approval of the Sutherland Heart Clinic Enterprise Agreement 2015-2017 from the Fair Work Commission. The agreement aimed to regulate the employment terms and conditions of the clinic’s employees, including registered nurses, enrolled nurses, and allied health professionals. The dispute arose as the applicant sought to implement the terms of the proposed agreement, which had been negotiated with the relevant unions, yet faced objections that necessitated judicial review.

The primary legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was made in good faith and in the spirit of cooperative arrangements. Key contentions included whether the proposed conditions were fair and reasonable, whether the agreement contained adequate provisions for dispute resolution, and whether the agreement was genuinely negotiated. Additionally, the Commission had to consider the implications of the Fair Work Amendment (Transition to Forward with Fairness) Act 2022 on the application.

The Commission carefully examined the provisions of the agreement and the evidence presented by both parties. It found that the agreement was generally fair and reasonable, contained sufficient dispute resolution mechanisms, and was the product of genuine negotiations. The Commission acknowledged the changes introduced by the 2022 Amendment Act but determined that these changes did not adversely affect the validity of the proposed agreement. Consequently, the Fair Work Commission approved the Sutherland Heart Clinic Enterprise Agreement 2015-2017, finding it to be compliant with the statutory requirements and in the spirit of cooperative arrangements.

In summary, the Fair Work Commission granted approval for the Sutherland Heart Clinic Enterprise Agreement 2015-2017, affirming that it met all necessary statutory criteria and was negotiated in good faith. The decision ensures that the clinic’s employees are governed by terms that reflect fair and reasonable conditions, while also providing a framework for resolving any future disputes that may arise.

Sutherland Heart Clinic Pty Ltd T/A Sutherland Heart Clinic

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established