The Toowoomba Clinic Pty Ltd T/A The Toowoomba Clinic; Australian Workers’ Union, The

[2020] FWCA 3436

[2020] FWCA 3436

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Toowoomba Clinic Pty Ltd T/A The Toowoomba Clinic; Australian Workers’ Union, The
(AG2020/1572)

THE TOOWOOMBA CLINIC PTY LTD AND THE AUSTRALIAN WORKERS’ UNION GREENFIELDS AGREEMENT 2020

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 30 JUNE 2020

Application for approval of the Toowoomba Clinic Pty Ltd and The Australian Workers’ Union Greenfields Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Toowoomba Clinic Pty Ltd and The Australian Workers’ Union Greenfields Agreement 2020 (the Agreement). The application as made pursuant to s. 185 of Fair Work Act 2009 (the Act). It has been made by The Toowoomba Clinic Pty Ltd T/A The Toowoomba Clinic (the Applicant).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

[3] The Applicant has provided written undertakings. 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. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Mr Stephen Kenneth Baker, Branch Secretary of the Australian Workers’ Union (AWU), a bargaining representative for the Agreement, filed a Form F21 statutory declaration stating the AWU supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[5] The Agreement does not contain a model consultation term compliant with the Act. Pursuant to ss. 202(4) and 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be terms of the Agreement.

[6] In accordance with s. 187(5)(a) of the Act, I am satisfied that the AWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

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

[8] Pursuant to s. 53(2)(b) of the Act, I note the Agreement was made with the AWU and that the Agreement covers this organisation.

[9] The Agreement is approved and will operate in accordance with s. 54 of the Act.

COMMISSIONER

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