Family Planning NSW Trading AS Family Planning Australia
[2025] FWCA 2422
•23 JULY 2025
| [2025] FWCA 2422 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Family Planning NSW Trading AS Family Planning Australia
(AG2025/2056)
FAMILY PLANNING NSW ADMINISTRATIVE PROFESSIONAL AND MANAGERIAL ENTERPRISE AGREEMENT 2024
| Health and welfare services | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 23 JULY 2025 |
Application for approval of the Family Planning NSW Administrative,Professional and Managerial Enterprise Agreement 2024
Introduction
Family Planning NSW Trading AS Family Planning Australia (the Employer) has made an application for approval of an enterprise agreement known as the Family Planning NSW Administrative Professional and Managerial Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Australian, Municipal, Administrative, Clerical and Services Union (ASU) was a bargaining representative for the Agreement.
The Employer submitted that the Agreement will apply to employees who are covered by the Health Professionals and Support Services Award 2020 (Health Professionals Award), however the ASU submitted many of its members who are employed by the Employer are covered by the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award). The ASU submitted that employees are better off under the Agreement compared to both the Health Professionals Award and the SCHADS Award.
Shift Worker
The Commission raised a concern with the Employer regarding the definition of a shift worker. The Employer submitted that shiftwork has never been a feature of its business operations and that it does not intend to introduce shiftwork.
Better off Overall Test (BOOT) Issues
The Commission raised the following issues with the Employer which are relevant to whether employees are better off overall under the Agreement compared to the relevant Award:
Clause 18(a) of the Agreement provides that the ordinary span of hours is 8.00am to 8.00pm Monday to Friday and 8.00am to 1.00pm on Saturday. This appears to be inconsistent with clause 13.2(a) of the Health Professionals Award which provides that the span of hours for a day worker is 6.00 am and 6.00 pm, Monday to Friday. The Employer submitted that it operates a private medical practice, so the span of ordinary hours specified in clause 18 of the Agreement is within the span provided for in clause 13.2(b) of the Health Professionals Award. The ASU noted that the span of hours under clause 25.2 of the SCHADS Award is 6:00am to 8:00pm.
The Health Professionals Award provides that casual employees will receive compounding loading when working shiftwork. The Employer submitted that it does not employ casual team members on shift worker arrangements.
Clause 23 of the Health Professionals Award provides for extensive allowances. The Employer submits that the majority of the allowances do not apply to its operations.
I accept the Employer’s and the ASU’s submissions regarding the BOOT issues.
Section 190 Undertakings
The Employer provided written undertakings to address the above shift worker issue. A copy of the undertakings is attached as Attachment 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. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
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.
Section 183 Bargaining Representatives
The ASU 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 ASU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2025. The nominal expiry date of the Agreement is 30 June 2028.
DEPUTY PRESIDENT
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