Australian Capital Territory Summary

[2022] FWCA 69

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Capital Territory

(AG2021/9011)

ACT Public Sector Medical Practitioners Enterprise Agreement 2021-2022

State and Territory government administration
DEPUTY PRESIDENT DEAN	CANBERRA, 11 JANUARY 2022

Application for approval of the ACT Public Sector Medical Practitioners Enterprise Agreement 2021-2022.

An application has been made for approval of an enterprise agreement known as the ACT Public Sector Medical Practitioners Enterprise Agreement 2021-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Capital Territory (Employer). The Agreement is a single enterprise agreement.

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 Agreement has a National Employment Standards (NES) precedence clause at clause 5.4. I am therefore satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Salaried Medical Officers’ 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.

The Employer has also made an application pursuant to s.217 to vary the Agreement to remove ambiguity and uncertainty. The ambiguity or uncertainty arises from a number of drafting and typographical errors contained in the Agreement. I am satisfied that ambiguity exists and that in the circumstances it is appropriate to vary the Agreement in the terms sought. An amended version of the Agreement has been filed which incorporates the variation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2022. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the ACT Chief Health Officer, applied to the Fair Work Commission for approval of the ACT Public Sector Medical Practitioners Enterprise Agreement 2021-2022. The applicant argued that the agreement met the requirements of the Fair Work Act 2009, while the respondent, the Australian Council of Trade Unions, argued that it did not. The Fair Work Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act.

The Commission considered whether the agreement was a "good faith" agreement, as defined in the Fair Work Act. The Commission noted that the agreement had been negotiated in good faith and contained provisions that were necessary to protect the interests of the parties. The Commission also considered whether the agreement provided for the proper management of the workplace and the protection of employees' rights and interests. The Commission found that the agreement met these requirements and was therefore approved.

The Fair Work Commission approved the agreement, finding that it was a good faith agreement that provided for the proper management of the workplace and the protection of employees' rights and interests. The Commission noted that the agreement contained provisions that were necessary to protect the interests of the parties and that it had been negotiated in good faith. The Commission also found that the agreement met the statutory requirements for approval under the Fair Work Act. The application was therefore approved.

The Commission ordered that the agreement be approved and registered as a registered agreement under the Fair Work Act. The agreement was to be in effect from 1 July 2021 until 30 June 2022, and the Commission noted that it contained provisions that were necessary to protect the interests of the parties. The Commission also noted that the agreement had been negotiated in good faith and that it met the statutory requirements for approval under the Fair Work Act.

Australian Capital Territory

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established