DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Victor Medical Centre
(AG2015/51)

VICTOR MEDICAL CENTRE NURSING EMPLOYEES ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 21 JANUARY 2015

Application for approval of the Victor Medical Centre Nursing Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Victor Medical Centre Nursing Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Victor Medical Centre. The Agreement is a single-enterprise agreement.

[2] It is not clear on the materials when the Agreement was made pursuant to s.182(1) of the Act. As a result it is not clear whether the Agreement was not lodged within 14 days after it was made. To the extent necessary, pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the date that it was lodged with the Commission that being 12 January 2015.

[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 – South Australian Branch, 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) of the Act 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 28 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Fair Work Commission, represented by the Australian Government Solicitor, and the Victor Medical Centre, represented by the employer's legal team. The nature of the dispute was an application for the approval of the Victor Medical Centre Nursing Employees Enterprise Agreement 2014. The matter was heard by the Fair Work Commission, presided over by Commissioner McGlynn.

The legal issues that the court needed to address included whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009, and if the agreement was made in good faith and involved genuine bargaining. The court had to determine if the agreement was procedurally fair, whether the process for the agreement was appropriately followed, and if the agreement provided for proper protections for employees.

The court found that the agreement met the statutory requirements and was made in good faith and involved genuine bargaining. The process for the agreement was appropriately followed, and the agreement provided for proper protections for employees. The court approved the Victor Medical Centre Nursing Employees Enterprise Agreement 2014, highlighting the importance of ensuring fair and equitable outcomes for all parties involved.

The final orders of the court were that the Victor Medical Centre Nursing Employees Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. The court also directed that the agreement be published on the Fair Work Commission's website, ensuring transparency and accessibility for all parties involved.

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