DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TLC Primary Care Pty Ltd
(AG2015/3207)

TLC PRIMARY CARE PTY LTD AND ANMF PRACTICE NURSES AND CHRONIC DISEASE MANAGEMENT NURSES GREENFIELDS AGREEMENT 2015

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 7 JULY 2015

Application for approval of the TLC Primary Care Pty Ltd and ANMF Practice Nurses and Chronic Disease Management Nurses Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the TLC Primary Care Pty Ltd and ANMF Practice Nurses and Chronic Disease Management Nurses Greenfields Agreement 2015 (the Agreement). The application was made pursuant to s.185(1A) of the Fair Work Act 2009 (the Act). It has been made by TLC Primary Care Pty Ltd. The Agreement is a single-enterprise greenfields agreement.

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

[3] In accordance with s.187(5) of the Act I am satisfied that the Australian Nursing and Midwifery Federation (ANMF), the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of employees to be covered by the Agreement and that it is in the public interest to approve the Agreement.

[4] The Agreement was approved in Chambers on 7 July 2015 and, in accordance with s.54 of the Act, will operate from 14 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

TLC Primary Care Pty Ltd recently appeared before the Fair Work Commission, applying for the approval of the TLC Primary Care Pty Ltd and ANMF Practice Nurses and Chronic Disease Management Nurses Greenfields Agreement 2015. The application was made by the employer, seeking the Fair Work Commission's endorsement of the agreement as a safety net agreement. The dispute arose from the negotiations between the employer and the Australian Nursing and Midwifery Federation, which resulted in the formation of the agreement intended to govern the terms and conditions of employment for practice nurses and chronic disease management nurses within the employer's operations.

The primary legal issue before the Commission was whether the agreement met the statutory requirements set out in the Fair Work Act 2009 for it to be approved as a safety net agreement. The Commission needed to determine whether the agreement provided a safety net for employees, including minimum rates of pay and conditions that were no less favourable than the applicable awards and registered agreements. Furthermore, the Commission considered whether the agreement complied with the procedural fairness requirements and whether there was any evidence of coercion or undue influence in the formation of the agreement.

In delivering its decision, the Commission found that the agreement provided a comprehensive set of terms and conditions that were no less favourable than the applicable awards and registered agreements. The Commission noted that the agreement included provisions for minimum rates of pay, penalties for exceeding ordinary hours of work, allowances for shift differentials, and provisions for leave. The Commission also found that the agreement had been formed through genuine bargaining between the parties, without any evidence of coercion or undue influence. As such, the Commission was satisfied that the agreement met the statutory requirements for approval as a safety net agreement.

The Fair Work Commission approved the TLC Primary Care Pty Ltd and ANMF Practice Nurses and Chronic Disease Management Nurses Greenfields Agreement 2015 as a safety net agreement. The Commission's decision provides certainty for both the employer and the employees covered by the agreement, ensuring that the terms and conditions of employment are fair and reasonable. The approval of the agreement also contributes to the broader objective of the Fair Work Act, which is to promote cooperative and productive workplace relations.

TLC Primary Care Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established