Wyndham Clinic Pty Ltd as The Trustee for Wyndham Clinic Unit Trust T/A Wyndham Clinic Private Hospital

[2022] FWCA 1622

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wyndham Clinic Pty Ltd as The Trustee for Wyndham Clinic Unit Trust T/A Wyndham Clinic Private Hospital

(AG2022/1366)

Wyndham Clinic Health Professionals and Health and Allied Enterprise Agreement 2022

Health and welfare services
DEPUTY PRESIDENT BELL	MELBOURNE, 17 MAY 2022

Application for approval of the Wyndham Clinic Health Professionals and Health and Allied Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Wyndham Clinic Health Professionals and Health and Allied Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wyndham Clinic Pty Ltd as The Trustee for Wyndham Clinic Unit Trust T/A Wyndham Clinic Private Hospital. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Health Services Union (HSU) 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 was approved on 17 May 2022 and, in accordance with s.54, will operate from 24 May 2022. The nominal expiry date of the Agreement is 30 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Wyndham Clinic Pty Ltd, as the trustee for Wyndham Clinic Unit Trust trading as Wyndham Clinic Private Hospital, applied to the Fair Work Commission for approval of the Wyndham Clinic Health Professionals and Health and Allied Enterprise Agreement 2022. The dispute arose from the negotiation and proposed implementation of the agreement, which governs the employment terms and conditions for health professionals and allied health employees at the clinic. The applicant sought the commission's approval to ensure the agreement met the legislative requirements under the Fair Work Act 2009.

The central legal issues before the commission involved whether the proposed agreement complied with the relevant statutory provisions, including provisions relating to minimum entitlements, the avoidance of multi-enterprise bargaining, and the need for the agreement to be in writing. The applicant argued that the agreement was fair and reasonable and complied with all necessary legal requirements. The commission had to determine if the agreement met the criteria set out in the Act, including assessing whether it provided for fair and reasonable terms and conditions, and if it adhered to the process requirements for enterprise agreements.

The commission carefully reviewed the provisions of the agreement and considered the submissions made by the applicant. It found that the agreement contained terms that provided for fair and reasonable conditions of employment and met the statutory requirements for approval. The commission also noted that the agreement was the product of a genuine negotiation process and was in writing, as required by the Act. After thorough consideration, the commission determined that the agreement was compliant with all relevant legal standards and approved it, thereby allowing its implementation.

The final orders included the approval of the Wyndham Clinic Health Professionals and Health and Allied Enterprise Agreement 2022, with the commission's approval serving as a determination that the agreement met the necessary criteria under the Fair Work Act. This decision ensures that the terms of the agreement can now be implemented as the governing document for the employment conditions of the specified employees at Wyndham Clinic.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established