Tasmania Medicare Local Limited T/A Tasmania Medicare Local

[2014] FWCA 3629

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmania Medicare Local Limited T/A Tasmania Medicare Local
(AG2014/3955)

TASMANIA MEDICARE LOCAL ENTERPRISE AGREEMENT 2013 - 2015

Tasmania
COMMISSIONER LEE	HOBART, 30 MAY 2014

Application for approval of the Tasmania Medicare Local Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Tasmania Medicare Local Enterprise Agreement 2013 - 2015 (the Agreement). The application was made by Tasmania Medicare Local Limited T/A Tasmania Medicare Local pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The flexibility provision at clause 12 does not comply with the requirements in section 203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement, and will be appended to the Agreement.

[3] The consultation provision at clause 13 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[4] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[5] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[6] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The Health Services Union of Australia, 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) of the Act I note that the Agreement covers this organisation.

[8] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 6 June 2014. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Tasmania Medicare Local Limited, trading as Tasmania Medicare Local, and the Fair Work Commission. The matter concerns the approval of the Tasmania Medicare Local Enterprise Agreement 2013-2015. The Fair Work Commission was tasked with determining whether the agreement should be approved, given its implications for the employees covered by the agreement.

The primary legal issues before the Commission included whether the proposed enterprise agreement provided for terms and conditions that were fair and reasonable, and whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement contained minimum terms that complied with the relevant industrial instruments and whether it adhered to the good faith bargaining requirements. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and whether it promoted harmonious, productive, and cooperative workplace relations.

In its decision, the Fair Work Commission analysed the agreement's provisions in detail, taking into account submissions from both Tasmania Medicare Local and the union representatives. The Commission found that the agreement contained terms that were fair and reasonable, taking into account the needs of the business and the workforce. The Commission was satisfied that the agreement met the statutory criteria for approval, including the minimum terms and conditions outlined in the Fair Work Act. The Commission also considered the bargaining processes and concluded that the agreement was the result of genuine good faith bargaining. Consequently, the Commission approved the Tasmania Medicare Local Enterprise Agreement 2013-2015.

The Fair Work Commission's final order was that the Tasmania Medicare Local Enterprise Agreement 2013-2015 be approved. This decision ensured that the terms and conditions set out in the agreement would apply to the employees covered by it, providing a legally binding framework for their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established