Australian Health Practitioner Regulation Agency

[2022] FWCA 3469

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Health Practitioner Regulation Agency

(AG2022/3995)

Australian Health Practitioner Regulation Agency Enterprise Agreement 2022- 2025

Health and welfare services
COMMISSIONER MIRABELLA	MELBOURNE, 10 OCTOBER 2022

Application for approval of the Australian Health Practitioner Regulation Agency Enterprise Agreement 2022- 2025.

Australian Health Practitioner Regulation Agency has made an application for approval of an enterprise agreement known as the Australian Health Practitioner Regulation Agency Enterprise Agreement 2022- 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Australian Health Practitioner Regulation Agency has provided a written undertaking. A copy of that undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

The Australian Municipal, Administrative, Clerical and Services Union; the CPSU, the Community and Public Sector Union; the Australian Nursing and Midwifery Federation and the Australian Salaried Medical Officers Federation, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the declarations provided by the organisations, I note that the Agreement covers these organisations.

The Agreement was approved on 10 October 2022 and, in accordance with s.54 of the Act, will operate from 17 October 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Australian Health Practitioner Regulation Agency Enterprise Agreement 2022-2025. The applicant, the Australian Health Practitioner Regulation Agency (AHPRA), sought approval from the Fair Work Commission (FWC) for the proposed agreement, which was intended to regulate employment terms and conditions for employees within AHPRA. The application was made under the Fair Work Act 2009 (Cth) and involved scrutiny of whether the agreement met the criteria for being considered a “low pay” or “safety net” agreement, and whether it was otherwise appropriate for approval.

The primary legal issue before the FWC was whether the proposed enterprise agreement met the statutory requirements for approval. This involved determining if the agreement was a genuine enterprise agreement, whether it provided for appropriate safety net protections, and if it complied with the relevant provisions of the Fair Work Act. The FWC also had to assess if the agreement appropriately balanced the interests of both employers and employees, and whether it adhered to the principles of procedural fairness.

The FWC examined the terms and conditions outlined in the proposed agreement, focusing on aspects such as wages, hours of work, and other employment conditions. The Commission assessed whether the agreement provided adequate safety net protections and if it was fair and reasonable, taking into account the need to support the efficient operation of AHPRA while protecting employee interests. Ultimately, the FWC determined that the agreement met the necessary criteria for approval, finding it to be a genuine enterprise agreement that provided appropriate safety net protections and was fair and reasonable.

The FWC approved the Australian Health Practitioner Regulation Agency Enterprise Agreement 2022-2025, deeming it to be compliant with the requirements of the Fair Work Act. The approval was contingent upon the agreement being implemented in accordance with the stipulated conditions, ensuring that it effectively regulated the employment terms and conditions for employees within AHPRA while maintaining a balance between the interests of both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established