Timboon Medical Clinic Summary

[2013] FWCA 6674

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Timboon Medical Clinic
(AG2013/1996)

TIMBOON MEDICAL CLINIC PRACTICE NURSES ENTERPRISE AGREEMENT 2013-2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 6 SEPTEMBER 2013

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

[1] On 17 July 2013 Timboon Medical Clinic made an application for approval of the Timboon Medical Clinic Practice Nurses Enterprise Agreement 2013-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside of the 14 day timeframe prescribed by section 185(3)(a) the Act. The Commission invited the parties to explain the late lodgement. On 2 September 2013, Ms Natasha Fletcher, the Applicant’s representative, advised that the Agreement was lodged out of time due to the Applicant’s unfamiliarity with the application process. In all the circumstances the Commission considers it fair to extent the period for lodgement and does so pursuant to section 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 and Midwifery 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Fair Work Commission was asked to approve an enterprise agreement between the Timboon Medical Clinic and the practice nurses who work there. The agreement was proposed for the period from 2013 to 2016 and was lodged by the clinic's employer. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues the Commission had to consider were whether the agreement was genuinely a product of bargaining between the parties, whether it contained the minimum terms and conditions required by law, and whether it complied with procedural requirements such as the proper notification and consultation processes. Additionally, the Commission had to ensure that the agreement did not undermine the safety and health provisions of the workplace.

The Fair Work Commission examined the evidence provided by both parties and found that the agreement was the result of genuine bargaining. It included the minimum terms and conditions stipulated by the Act and met all procedural requirements. The Commission also determined that the agreement did not adversely affect the health and safety provisions of the workplace. Therefore, the Commission approved the agreement, confirming its compliance with the relevant legislative standards.

Following its approval, the Timboon Medical Clinic Practice Nurses Enterprise Agreement 2013-2016 was officially recognised and binding on the parties. This decision provided clarity and certainty for the practice nurses and the clinic, ensuring that the terms of their employment were fairly negotiated and legally compliant.

Timboon Medical Clinic

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established