Family Planning NSW Trading As Family Planning Australia
[2025] FWCA 1341
•24 APRIL 2025
| [2025] FWCA 1341 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Family Planning NSW Trading As Family Planning Australia
(AG2025/997)
FAMILY PLANNING NSW MEDICAL OFFICERS’ ENTERPRISE AGREEMENT 2024
| Health and welfare services | |
| COMMISSIONER SLOAN | SYDNEY, 24 APRIL 2025 |
Application for approval of the Family Planning NSW Medical Officers’ Enterprise Agreement 2024
Family Planning NSW has applied for approval of an enterprise agreement known as the Family Planning NSW Medical Officers’ Enterprise Agreement 2024 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The Australian Salaried Medical Officers Federation (“ASMOF”) was a bargaining representative for the Agreement. It supports the approval of the Agreement.
The Agreement does not in terms contain a Delegates’ Rights term. Clause 44(a) provides: “The Employer recognises the rights of Workplace Delegates as defined in Part 7, Clause 28A of the Medical Practitioners Award 2020 as amended from time to time.” I am not satisfied that a “recognition” of rights equates to the Agreement conferring such rights. (I note also that clause 5 of the Agreement provides that the Agreement applies to the exclusion of the Award.)
For an abundance of caution, in accordance with section 205A(2)(b) of the Act, clause 28A of the Medical Practitioners Award 2020 is taken to be a term of the Agreement.
With that determination, and having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
The ASMOF has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the ASMOF.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 1 May 2025. The nominal expiry date of the Agreement is 30 June 2027.
COMMISSIONER
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