Trustee for M E G Unit Trust T/A Melbourne Endoscopy Group

[2018] FWCA 928

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Trustee for M E G Unit Trust T/A Melbourne Endoscopy Group

(AG2017/5869)

Melbourne Endoscopy Group Nurses’ Enterprise Agreement 2017

Health and welfare services
Commissioner Lee	MELBOURNE, 12 FEBRUARY 2018

Application for approval of the Melbourne Endoscopy Group Nurses’ Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Melbourne Endoscopy Group Nurses’ Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trustee for M E G Unit Trust T/A Melbourne Endoscopy Group. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

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.

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 the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2018. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the Trustee for the M E G Unit Trust, trading as Melbourne Endoscopy Group, who sought approval of the Melbourne Endoscopy Group Nurses’ Enterprise Agreement 2017. The application was brought before the Fair Work Commission to determine whether the agreement should be certified as a registered instrument, thus making it enforceable. The dispute centred around whether the agreement met the necessary criteria under the Fair Work Act 2009, including the provision of fair and reasonable terms and conditions for the employees involved.

The primary legal issues the Commission needed to resolve were whether the enterprise agreement complied with the requirements of the Fair Work Act and if it contained all the necessary minimum terms and conditions. Additionally, the Commission considered whether the agreement appropriately balanced the interests of both the employer and the employees and if it was genuinely negotiated. The Commission examined submissions from both parties and the process through which the agreement was reached.

In its reasoning, the Commission noted that the agreement included all mandatory terms and conditions as stipulated by the Fair Work Act. It found that the agreement was the product of genuine negotiations and provided fair and reasonable terms for the nurses. The Commission emphasised the importance of ensuring that the agreement met the legislative requirements for certification and upheld the principle of fairness in employment relations. Based on this analysis, the Commission determined that the agreement should be approved and certified.

The final orders of the Commission were that the Melbourne Endoscopy Group Nurses’ Enterprise Agreement 2017 be approved and registered, making it a legally enforceable instrument. This decision provided certainty for both the Melbourne Endoscopy Group and its nursing staff regarding the terms and conditions of their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established