Application by AMA Victoria Ltd & Australian Salaried Medical Officers Federation (132N) v Cohealth Ltd T/A Cohealth

[2024] FWC 560

[2024] FWC 560

FAIR WORK COMMISSION

RECOMMENDATION

Fair Work Act 2009

s.240—Bargaining dispute

Application by AMA Victoria Ltd & Australian Salaried Medical Officers Federation (132N)
v

Cohealth Ltd T/A Cohealth

(B2023/1129)

COMMISSIONER HARPER-GREENWELL MELBOURNE, 1 MARCH 2024

Dispute in relation to a proposed enterprise agreement – recommendation by the Commission

1. On 19 October 2024, AMA Victoria Ltd (AMA) & Australian Salaried Medical Officers Federation (ASMOF) made an application to the Fair Work Commission (the Commission) to deal with a bargaining dispute. The dispute arises out of enterprise negotiations between Cohealth Ltd (Cohealth) and its employees for a proposed enterprise Agreement (the Proposed Agreement) to replace the AMA & Cohealth General Practitioners Single Enterprise Agreement 2021-2023 (the Agreement).  The Agreement covers Specialist General Practitioners who are presently engaged in bargaining for the Proposed Agreement.

1. The Application was made pursuant to section 240 of the Fair Work Act 2009 (Cth) (the Act).  

1. The factual background to the bargaining of the Proposed Agreement can be summarised as follows. On 2 May 2023, Cohealth issued a Notice of Employee Representational Rights to the Specialist General Practitioners.   The first bargaining meeting occurred on 13 July 2023.  The parties agreed to meet on a fortnightly basis. Meetings were held on:

   ·     25 July 2023

   ·     8 August 2023

   ·     22 August 2023

   ·     5 September 2023

   ·     19 September 2023

   ·     10 October 2023; and

   ·     17 October 2023.

1. At the time AMA & ASMOF made its application there were a number of financial and non-financial matters that remained in dispute. A conference was held on 12 December 2024 during which the parties requested that the Commission assist by utilising the interest-based approach from its Collaborative Approaches Program. A further two conferences were held before the Commission on 1 February 2024 and 15 February 2024. The parties were productive at each conference, achieving agreed outcomes and resolving a large proportion of the matters in dispute. 

1. During the conference held on 29 February 2024, the parties sought the Commission’s assistance to resolve the remaining item in dispute, rates of pay for Specialist General Practitioners. With the Commission’s assistance the parties were able to reach an agreement.

1. The parties informed the Commission that they would proceed to a vote on the Proposed Agreement in accordance with the terms of this Recommendation.  Therefore, the Commission makes the following recommendations by consent of the parties in respect of the remaining matters in dispute:

A.Rates of Pay for Specialist General Practitioners:

·$122.00 per hour.

B.Wage increases over the life of the proposed Agreement:

·4% on 1 July 2024

·4% on 1 July 2025

·4% on 1 July 2026

1. On approval of the Agreement, Cohealth has elected to apply the wage increase set out in paragraph [7](a) above for Specialist General Practitioners from 1 July 2023.

1. The parties are to be commended for their collaborative approach to resolving the dispute. The dispute is fully and finally resolved by consent of the parties.   

COMMISSIONER

Appearances:

Mr J Ryan, Dr B Wells, Dr S Wilding and Dr A Bhagwat for the Applicant.

Mr A Blyberg, Mr S Kelly and Mr A Stanic for the Respondent

Conference details:

Fair Work Commission, Melbourne on 14 December 2023, 1 February 2024, 15 February 2024, 29 February 2024.

Printed by authority of the Commonwealth Government Printer

< PR 771977>