[2017] FWCA 6234
FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185--Enterprise agreement
Eastern Melbourne Health Care Network Ltd T/A Eastern Melbourne PHN

(AG2017/3590)

EMPHN ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 24 NOVEMBER 2017

Application for approval of the EMPHN Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the EMPHN Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eastern Melbourne Health Care Network Ltd T/A Eastern Melbourne PHN. 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 Nursing and Midwifery 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2017. The nominal expiry date of the Agreement is 1 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Eastern Melbourne Health Care Network Ltd, trading as Eastern Melbourne Primary Health Network (EMPHN), which sought approval for the EMPHN Enterprise Agreement 2017. The dispute centred around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with assessing the agreement's compliance with relevant provisions, including those concerning procedural fairness and the avoidance of unprotected industrial action.

The primary legal issues addressed by the Commission were whether the agreement was fairly negotiated and if it contained all necessary provisions as mandated by the Fair Work Act. Specifically, the Commission examined if the negotiation process adhered to statutory requirements, ensuring genuine bargaining and if the agreement contained adequate terms and conditions, including those relating to wages, hours of work, and other employment-related matters. Additionally, the Commission considered whether the agreement sufficiently addressed procedural fairness and avoided unprotected industrial action, as stipulated by the Act.

In delivering its decision, the Commission found that the EMPHN Enterprise Agreement 2017 was fairly negotiated and met the statutory requirements for approval. The Commission was satisfied that the negotiation process adhered to the principles of genuine bargaining and that the agreement contained all necessary provisions. The terms and conditions were deemed appropriate, and the agreement was found to sufficiently address procedural fairness and avoid unprotected industrial action. Consequently, the Commission approved the agreement, enabling it to take effect from the specified commencement date.

The Fair Work Commission approved the EMPHN Enterprise Agreement 2017, mandating that it be implemented from the date specified in the agreement. The Commission's decision confirmed that the agreement met all statutory requirements for approval, including those related to procedural fairness and the avoidance of unprotected industrial action. This approval ensures that the terms and conditions outlined in the agreement are legally enforceable and binding on the parties involved.

Eastern Melbourne Health Care Network Ltd T/A Eastern Melbourne PHN

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established