DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wyndham Clinic Pty Ltd as trustee for The Trustee for Wyndham Clinic Unit Trust T/A Wyndham Clinic Private Hospital
(AG2019/2370)

WYNDHAM CLINIC NURSES ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 11 SEPTEMBER 2019

Application for approval of the Wyndham Clinic Nurses Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wyndham Clinic Nurses Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wyndham Clinic Pty Ltd as trustee for The Trustee for Wyndham Clinic Unit Trust T/A Wyndham Clinic Private Hospital. The Agreement is a single enterprise agreement.

[2] I note that a relatively small number of employees covered by the Agreement participated in the vote. This concern was raised with the Applicant’s representative, and I am satisfied with the explanation provided.

[3] 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.

[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 18 September 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Wyndham Clinic Pty Ltd as trustee for The Trustee for Wyndham Clinic Unit Trust, trading as Wyndham Clinic Private Hospital, and the Australian Nursing and Midwifery Federation. The dispute pertained to the application for approval of the Wyndham Clinic Nurses Enterprise Agreement 2019. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The primary legal issues centred on whether the agreement provided for the mandatory matters as required by the Act, and whether it adhered to procedural fairness and good faith bargaining.

The Commission examined the provisions of the agreement to ensure they covered all mandatory matters, including minimum wages and conditions, leave entitlements, and dispute resolution mechanisms. It was also necessary to verify that the agreement had been made in good faith and that the bargaining process was procedurally fair. The Commission assessed submissions from both parties, focusing on whether the agreement was genuinely negotiated and if it was a genuine enterprise agreement. The evidence presented indicated that the agreement had been made following a process that met the statutory requirements, and that the mandatory matters had been comprehensively addressed.

Having considered the evidence and submissions, the Commission found that the agreement met all the legal requirements for approval. The agreement was comprehensive in addressing all mandatory matters and had been made in good faith through a process that satisfied procedural fairness. Consequently, the Commission approved the Wyndham Clinic Nurses Enterprise Agreement 2019. The decision was based on the evidence that the agreement was a genuine enterprise agreement that provided for the employees' wages and conditions effectively.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established