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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Toowoomba Clinic Pty Ltd, trading as The Toowoomba Clinic, and The Australian Workers' Union brought an application to the Fair Work Commission for approval of their Greenfields Agreement 2020. This agreement was intended to establish the terms and conditions of employment for certain employees working at the clinic. The Union argued that the agreement was necessary to ensure fair and equitable treatment for its members, while the Clinic contested the necessity and appropriateness of the agreement.

The legal issues before the Commission centred on whether the agreement complied with the requirements of the Fair Work Act 2009, specifically concerning the procedural fairness and the substantive content of the agreement. The Clinic challenged the Union's authorisation to represent the employees, the process by which the agreement was negotiated, and the fairness of the agreement's terms. The Union, on the other hand, defended the legitimacy of the agreement and its negotiation process, asserting that it was conducted in good faith and that the agreement's terms were fair and reasonable.

The Commission found that the Union had the requisite authority to represent the employees and that the agreement was negotiated in a manner that met the procedural fairness requirements. The Commission considered the evidence presented regarding the negotiation process and the terms of the agreement, ultimately determining that the agreement was fair and appropriate. The Commission approved the agreement, noting that it provided a balanced and reasonable set of terms for the employees, reflecting the interests of both parties. The Clinic's objections regarding the necessity and fairness of the agreement were not upheld by the Commission.

The final orders of the Commission were that the Toowoomba Clinic Pty Ltd and The Australian Workers' Union Greenfields Agreement 2020 be approved and registered, effective from the date of the Commission's decision. The agreement was to apply to the specified employees of the Clinic and was to be binding upon those employees and the Clinic. The Union was authorised to take any necessary steps to ensure the agreement's implementation and compliance.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established