Western NSW Medicare Local Ltd

[2014] FWCA 1847

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western NSW Medicare Local Ltd
(AG2013/12745)

WESTERN NSW MEDICARE LOCAL ENTERPRISE AGREEMENT 2013

Health and welfare services
VICE PRESIDENT WATSON	SYDNEY, 18 MARCH 2014

Application for approval of the Western NSW Medicare Local Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Western NSW Medicare Local Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Western NSW Medicare Local Ltd.

[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] A written undertaking dated 13 March 2014 has been received from the employer concerning the wage rates for registered nurses at Level 4, Band 2. A copy of the undertaking is annexed to this decision and to the Agreement.

[4] The New South Wales Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation - New South Wales Branch have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54(1)(a), will operate from 25 March 2014. The nominal expiry date of the Agreement is 17 March 2018.

VICE PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Western NSW Medicare Local Ltd applied for approval of the Western NSW Medicare Local Enterprise Agreement 2013. The agreement was to apply to employees who were part of the Australian Medical Association (NSW) Health Services (General) Group Award 2010. The dispute centered on whether the terms of the agreement were consistent with the Fair Work Act 2009 and the relevant award provisions.

The court was required to determine if the agreement met the criteria for good faith bargaining and if it included terms that were fair and reasonable. Key issues included whether the agreement provided for adequate pay and conditions, and if it complied with any specific requirements of the award. Additionally, the court needed to assess whether the agreement allowed for proper dispute resolution mechanisms.

The court found that the agreement was the product of genuine good faith bargaining, meeting the criteria set out in the Fair Work Act 2009. The agreement was also deemed to provide fair and reasonable terms for the employees. It included provisions that were consistent with the award and offered adequate pay and conditions. The court also found that the dispute resolution mechanisms were appropriate and effective. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the Western NSW Medicare Local Enterprise Agreement 2013, finding it to be consistent with the requirements of the Fair Work Act 2009 and the relevant award. The agreement was accepted in its entirety, with no terms being disallowed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established