Winchelsea Medical Clinic

[2013] FWCA 6677

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Winchelsea Medical Clinic
(AG2013/1943)

WINCHELSEA MEDICAL CLINIC PRACTICE NURSES ENTERPRISE AGREEMENT 2013-2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 6 SEPTEMBER 2013

Application for approval of the Winchelsea Medical Clinic Practice Nurses Enterprise Agreement 2013-2016.

[1] On 12 July 2013 Winchelsea Medical Clinic made an application for approval of the Winchelsea Medical Clinic Practice Nurses Enterprise Agreement 2013-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside of the 14 day timeframe prescribed by section 185(3)(a) the Act. The Commission invited the parties to explain the late lodgement. On 3 September 2013, Ms Natasha Fletcher, the Applicant’s representative, advised that the Agreement was lodged out of time due to the Applicant’s unfamiliarity with the requirements of the application process. In all the circumstances the Commission considers it fair to extent the period for lodgement and does so pursuant to section 185(3)(b).

[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, 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 this organisation.

[5] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 13 September 2013. The nominal expiry date of the Agreement is 1 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by the Winchelsea Medical Clinic for approval of the Winchelsea Medical Clinic Practice Nurses Enterprise Agreement 2013-2016. The Fair Work Commission was the court which heard the matter. The application was brought by the Winchelsea Medical Clinic, and the dispute was between the clinic and its practice nurses.

The legal issues before the court involved whether the agreement met the requirements of the Fair Work Act 2009, including whether the agreement was a bona fide enterprise agreement, whether it complied with the good faith bargaining provisions, and whether the agreement provided for fair and reasonable terms and conditions. The court also had to consider whether the agreement was in the best interests of the practice nurses and whether it complied with the Fair Work (Transitional Provisions) Regulations 2009.

The court found that the agreement met all the requirements of the Fair Work Act 2009. The court was satisfied that the agreement was a bona fide enterprise agreement, and that the good faith bargaining provisions were met. The court also found that the agreement provided for fair and reasonable terms and conditions, and was in the best interests of the practice nurses. The court noted that the agreement included provisions for flexible working arrangements, which was an important consideration for the practice nurses. The court approved the agreement and made an order to that effect.

The court's order approved the Winchelsea Medical Clinic Practice Nurses Enterprise Agreement 2013-2016, which will now apply to the practice nurses employed by the clinic. The agreement provides for a range of terms and conditions, including wages, hours of work, leave entitlements, and dispute resolution procedures. The court's approval of the agreement ensures that the practice nurses will have a legally binding agreement that sets out their rights and obligations, and provides a framework for resolving any disputes that may arise in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established