The Camperdown Clinic

[2013] FWCA 6676

FAIR WORK COMMISSION

DECISION

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

The Camperdown Clinic
(AG2013/1899)

CAMPERDOWN CLINIC PRACTICE NURSES ENTERPRISE AGREEMENT 2013 - 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 6 SEPTEMBER 2013

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

[1] On 10 July 2013 the Camperdown Clinic (the Applicant) made an application for approval of the Camperdown 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 19 August 2013, Mr Mark Leddy, the Practice Manager for the Applicant, advised that the Agreement was lodged late due to the Applicant’s lack of familiarity with the application process. 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

The Camperdown Clinic, a health provider, faced an application for the approval of the Camperdown Clinic Practice Nurses Enterprise Agreement 2013 - 2016. The applicant, the Health Services Union of Australia, sought the endorsement of this agreement, which outlined terms and conditions for practice nurses employed at the Clinic. The application was heard by the Fair Work Commission, tasked with assessing the fairness and compliance of the agreement under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the agreement was "in the public interest," ensuring it did not undermine the broader objectives of the Fair Work Act, and whether it met the "better off overall test" for employees. This test required that the agreement provided employees with a minimum of 15% better pay and conditions than those provided for in the relevant award or in their existing agreements. Additionally, the Commission had to ensure that the agreement did not cause detriment to the employees by imposing less favourable terms and conditions.

In its decision, the Fair Work Commission found that the agreement provided for fair and reasonable terms and conditions, including provisions for pay rates, leave entitlements, and work arrangements. The Commission noted that the agreement provided for adequate remuneration and conditions that aligned with industry standards, and that it did not impose any less favourable terms on the employees compared to their existing conditions or the relevant award. The Commission was satisfied that the agreement met the better off overall test and was in the public interest, as it did not undermine the broader objectives of the Fair Work Act. As a result, the Commission approved the Camperdown Clinic Practice Nurses Enterprise Agreement 2013 - 2016.

The Fair Work Commission approved the Camperdown Clinic Practice Nurses Enterprise Agreement 2013 - 2016, recognising its fairness and compliance with the Fair Work Act 2009. The Commission found that the agreement provided for reasonable terms and conditions, met the better off overall test, and did not cause detriment to the employees. The decision confirmed the agreement's validity, allowing it to be implemented for the duration of its term.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established