Adelaide Primary Health Network Limited

[2018] FWCA 5881

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Adelaide Primary Health Network Limited

(AG2018/1770)

ADELAIDE PRIMARY HEALTH NETWORK (ADELAIDE PHN) ENTERPRISE BARGAINING AGREEMENT 2018

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 19 SEPTEMBER 2018

Application for approval of the Adelaide Primary Health Network (Adelaide PHN) Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Adelaide Primary Health Network (Adelaide PHN) Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Adelaide Primary Health Network Limited. The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 3 September 2018.

On 7 September 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

On 11 September 2018, the Applicant provided a copy of the undertaking. My Chambers subsequently listed the matter for a Hearing on 18 September 2018 to discuss my concerns regarding the proposed undertaking.

At the Hearing on 18 September 2018, Mr Laurence Bolton represented the Applicant and a number of employee bargaining representatives also attended.

On 19 September 2018, the Applicant submitted an amended undertaking. The undertaking deals with the following topics:

· For the purposes of clause 4, which relates to the expiration of the Agreement, the expiry date will be 4 years from date the Fair Work Commission approves the Agreement.

· In relation to Time Off In Lieu (TOIL), the employer undertakes that any TOIL not taken when the employment ceases will be paid out at the rate accrued, in accordance with the Agreement.

· In relation to junior or level 1 or 2 employees, the employer undertakes that for the life of the Agreement no junior or level 1 or level 2 staff will be employed.

A copy of the undertaking has been provided to the employee bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The employee bargaining representatives supported the undertaking.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 26 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The applicant, Adelaide Primary Health Network Limited, sought approval of the Adelaide Primary Health Network (Adelaide PHN) Enterprise Agreement 2018 from the Fair Work Commission. The dispute arose in the context of the Fair Work Act 2009, focusing on whether the agreement met the statutory requirements for approval under the legislation.

The legal issues before the court included whether the agreement appropriately covered the terms and conditions of employment, whether it met the requirements for good faith bargaining, and whether it provided for fair and reasonable outcomes for both employees and the employer. Additionally, the court had to consider whether the agreement adequately addressed the obligations of the parties under the Fair Work Act.

The Fair Work Commission determined that the agreement was fair and reasonable, taking into account the principles of good faith bargaining and the statutory obligations of the parties. The court found that the agreement covered all necessary terms and conditions of employment, and that it provided a fair and reasonable outcome for both the employees and the employer. The agreement was approved as it met all the statutory requirements under the Fair Work Act.

The final orders included the approval of the Adelaide PHN Enterprise Agreement 2018, with the agreement to be registered with the Fair Work Commission. The court noted that the agreement was compliant with the Fair Work Act and represented a fair and reasonable outcome for the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established