DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victor Medical Centre
(AG2018/512)

VICTOR MEDICAL CENTRE NURSING EMPLOYEES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 14 JUNE 2018

Application for approval of the Victor Medical Centre Nursing Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Victor Medical Centre Nursing Employees 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 Victor Medical Centre. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[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 the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2018. The nominal expiry date of the Agreement is 13 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Fair Work Commission (FWC) was presented with an application for the approval of the Victor Medical Centre Nursing Employees Enterprise Agreement 2017. The application was brought forth by the employer, Victor Medical Centre, which operates several medical centres across Victoria, and the union, Health Services Union Victoria (HSU), representing the nursing employees. The dispute centred around whether the agreement met the requirements under the Fair Work Act 2009 for a nursing employees enterprise agreement.

The central legal issues before the FWC involved determining whether the agreement contained all the mandated minimum terms and conditions, including those pertaining to hours of work, overtime, penalty rates, and shift arrangements, and whether the agreement complied with the procedural requirements of the Fair Work Act. Additionally, the FWC needed to assess whether the agreement was consistent with the "better off overall test," ensuring that the employees were not worse off financially compared to their previous conditions.

In its decision, the FWC found that the Victor Medical Centre Nursing Employees Enterprise Agreement 2017 complied with the legislative requirements. The FWC examined the contents of the agreement, confirming that it included all the necessary minimum terms and conditions as prescribed by the Fair Work Act. The FWC also concluded that the agreement satisfied the better off overall test, as the evidence demonstrated that the employees would benefit from the terms of the new agreement. The procedural fairness was upheld, as the union had followed the required process in negotiating and finalising the agreement.

The FWC approved the agreement, thereby providing a legal framework for the employment conditions of the nursing staff at the Victor Medical Centre. The FWC's approval was based on the comprehensive compliance of the agreement with the statutory requirements and the demonstration that the agreement met the better off overall test.

Victor Medical Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established