[2015] FWC 613

The attached document replaces the document previously issued with the above code on 22 January 2015.

The document has been amended to correct an error in paragraph numbering.

Associate to COMMISSION WILSON

Dated 27 January 2015.

[2015] FWC 613

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Application by the Australian Health Practitioner Regulation Agency

(AG2014/10071)

COMMISSIONER WILSON

MELBOURNE, 22 JANUARY 2015

Statement to AHPRA employees - refusal of approval of the Australian Health Practitioner Regulation Agency Enterprise Agreement (ACT, NT, Vic, WA) 2014-2016

[1] I have today decided to refuse approval of the Australian Health Practitioner Regulation Agency Enterprise Agreement (ACT, NT, Vic, WA) 2014-2016, which I refer to as the AHPRA Agreement.

[2] The reasons for my refusal are set out in a published decision of the Fair Work Commission, available from The reference number for the decision is [2015] FWC 599, which should be typed into the “document reference” search box.

[3] In summary, my reason for refusing approval of the AHPRA Agreement is that changes made by AHPRA to a notice to employees about their representation rights, circulated in January 2014, meant that the Notice as issued was not consistent with the form required by the Fair Work Act 2009.

[4] While AHPRA and the CPSU advocated to me that I should exercise a discretion and find that the notice as actually issued did not contain any substantial changes and approve the agreement anyway, I declined to do so because of a previous decision of the Full Bench of the Fair Work Commission. 1

[5] AHPRA and the CPSU have submitted that they still wish to have an enterprise agreement and will undertake the work of negotiating and submitting a fresh agreement for the FWC to consider for approval.

[6] That work will require the issuing of a Notice of Employee Representational Rights that is consistent with the Fair Work Act 2009, and also requires various legislated steps for the provision of information to employees as well as compliance with defined time periods to allow consideration of material, etc. Information about those process and time periods can be found;

● on the Fair Work Commission website at and

● on the Fair Work Ombudsman website at

[7] I have indicated to the parties that the content of the AHPRA Agreement submitted for me to approve is capable of approval, and that my decision to refuse approval is not to do with its content.

[8] In relation to the possibility of a fresh agreement, I recommend to AHPRA, employees, the CPSU, the ANMF, and the employee bargaining representatives that they use their best endeavours to reach a replacement agreement, consistent with the original document, as quickly as they are able. I have undertaken to the parties that the Commission will ensure that the process to consider for approval a replacement agreement will be expedited.

COMMISSIONER

This statement is not a substitute for the reasons of the Fair Work Commission nor is it to be used in any later consideration of the Commission’s reasons.

1 Peabody Moorvale Pty Ltd v CFMEU[2014] FWCFB 2042

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