Adelaide Primary Health Network Limited

[2024] FWCA 656

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Adelaide Primary Health Network Limited

(AG2024/172)

ADELAIDE PHN ENTERPRISE AGREEMENT 2022

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 19 FEBRUARY 2024

Application for approval of the Adelaide PHN Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Adelaide PHN Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adelaide Primary Health Network Limited. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Health Services Union 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 is approved and, in accordance with s.54 of the Act, will operate from 26 February 2024. The nominal expiry date of the Agreement is 1 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Adelaide Primary Health Network Limited applied to the Fair Work Commission for approval of the Adelaide PHN Enterprise Agreement 2022. The matter was heard by Commissioner Wilson, who was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The applicant sought to have the agreement registered as a single, certified agreement that would apply to its employees.

The key legal issues before the commission were whether the agreement met the definition of an enterprise agreement under the Fair Work Act, and whether it was a single, certified agreement. The commission had to consider whether the agreement contained the required minimum terms and conditions, and whether it was made in good faith and without coercion. The commission also had to consider whether the agreement was sufficiently representative of the workforce, and whether it provided for appropriate dispute resolution mechanisms.

The commission found that the agreement met the definition of an enterprise agreement under the Fair Work Act, and was a single, certified agreement. The commission was satisfied that the agreement contained the required minimum terms and conditions, and was made in good faith and without coercion. The commission also found that the agreement was sufficiently representative of the workforce, and provided for appropriate dispute resolution mechanisms. The commission was satisfied that the agreement provided for appropriate mechanisms for the resolution of any disputes that may arise under the agreement.

The commission approved the Adelaide PHN Enterprise Agreement 2022 as a single, certified agreement, and registered it on the register of approved agreements. The agreement will apply to the employees of the applicant from 1 July 2022. The applicant is now required to take all necessary steps to give effect to the agreement, and to ensure that it is complied with by its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established