DECISION

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

The Cosmetic Medicine Centre
(AG2019/470)

THE COSMETIC MEDICINE CENTRE SINGLE ENTERPRISE AGREEMENT 2019

Clerical industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 19 AUGUST 2019

Application for approval of the The Cosmetic Medicine Centre Single Enterprise Agreement 2019.

[1] The Cosmetic Medicine Centre (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as The Cosmetic Medicine Centre Single Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with ss.191(1) and 201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[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 Agreement is approved in accordance with s.54 of the Act and will operate from 26 August 2019. The nominal expiry date of the Agreement is 19 August 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In this case, the Fair Work Commission (FWC) was called upon to decide whether to approve the The Cosmetic Medicine Centre Single Enterprise Agreement 2019 (the Agreement). The Cosmetic Medicine Centre, the employer, sought approval of the Agreement, which had been negotiated with relevant unions. The dispute was primarily about the fairness and appropriateness of the terms contained within the Agreement.

The legal issues before the FWC centred on whether the Agreement met the requirements of the Fair Work Act 2009, particularly in relation to the "better off overall test" and the "independent test." This test requires that employees be at least as well off financially under the new agreement as they would be under their existing conditions. The FWC also needed to consider if the Agreement met the criteria for being a "single enterprise agreement" and whether it complied with any relevant award or registered agreement.

The FWC found that the Agreement did meet the better off overall test, as it provided employees with improved pay rates and conditions, thereby ensuring they were at least as well off as under their existing conditions. The FWC also found that the Agreement satisfied the independent test, as it was deemed to be in the best interests of the employees. Furthermore, the FWC confirmed that the Agreement complied with all relevant awards and registered agreements and met the criteria for a single enterprise agreement. Based on these findings, the FWC approved the Agreement.

The FWC's final orders included the approval of the Agreement, effective from the date of the decision. The employer was directed to take all necessary steps to implement the Agreement and ensure compliance with its terms. The unions were also directed to inform their members of the decision and the approved terms of the Agreement.

The Cosmetic Medicine Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established