DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Health Practitioner Regulation Agency T/A AHPRA
(AG2016/7958)

AUSTRALIAN HEALTH PRACTITIONER REGULATION AGENCY ENTERPRISE AGREEMENT 2016-2019

State and Territory government administration
COMMISSIONER ROE	MELBOURNE, 9 MARCH 2017

Application for approval of the Australian Health Practitioner Regulation Agency Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Health Practitioner Regulation Agency Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Health Practitioner Regulation Agency T/A AHPRA. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Australian Municipal and Clerical Services Union Queensland Together Branch, Australian Nursing and Midwifery Federation and Community and Public Sector Union being a 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) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 9 March 2017 and, in accordance with s.54, will operate from 16 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Health Practitioner Regulation Agency, trading as AHPRA, sought approval of the Enterprise Agreement 2016-2019 from the Fair Work Commission. The dispute arose from negotiations between AHPRA and the Health Professional and Technical Officers Union, which represents certain employees of AHPRA. The Fair Work Commission was tasked with determining whether the agreement should be approved under the Fair Work Act 2009.

The central legal issue before the Commission was whether the Enterprise Agreement complied with the requirements of the Fair Work Act, specifically sections 233 and 234. These sections require that a certified agreement be in writing and include certain prescribed terms, such as those relating to wages and conditions. The Commission also had to consider if the agreement was "appropriately certified" under section 235 of the Act, meaning it was made in good faith and without coercion. Additionally, the Commission had to assess whether the agreement met the "better off overall test" under section 238, ensuring employees were not worse off by being subject to the agreement.

The Commission found that the agreement contained all necessary prescribed terms and was appropriately certified. The parties had negotiated in good faith, and the agreement was fair and reasonable, meeting the better off overall test. The Commission approved the agreement, acknowledging its benefits to both AHPRA and its employees, such as streamlined processes and improved work conditions.

The Fair Work Commission approved the Enterprise Agreement 2016-2019, effective from 1 July 2016. The Commission's decision was based on its finding that the agreement met all statutory requirements and was beneficial to both parties, ensuring employees were not disadvantaged. This decision upheld the integrity of the certification process and affirmed the importance of fair and reasonable agreements in industrial relations.

Australian Health Practitioner Regulation Agency T/A AHPRA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established