firsthealth Ltd

[2015] FWCA 3984

[2015] FWCA 3984

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

firsthealth Ltd
(AG2015/2883)

MURRUMBIDGEE MEDICARE LOCAL ENTERPRISE AGREEMENT 2009

Health and welfare services
COMMISSIONER CAMBRIDGE	SYDNEY, 26 JUNE 2015

Application for variation of the Murrumbidgee Medicare Local Enterprise Agreement 2009.

[1] This Decision is made in respect to an application taken under s. 217 of the Fair Work Act 2009 (the Act). The application was made by firsthealth Ltd (the employer) and it seeks to vary the Murrumbidgee Medicare Local Enterprise Agreement 2009 (the Agreement) in order to remove an ambiguity or uncertainty.

[2] The employer has submitted that an ambiguity or uncertainty has arisen in relation to the Agreement following a change in its legal name from MURRUMBIDGEE MEDICARELOCAL LIMITED to FIRSTHEALTH LIMITED. The change in its registered name occurred on 25 May 2015 and was mandated by the employer’s major funding body, the Department of Health.

[3] The employer submits that the current name of the Agreement is ambiguous and uncertain as it no longer references the employer by its correct name and that this ambiguity and uncertainty will cause confusion amongst current and future employees covered by the Agreement.

[4] The employer submits that the following changes are required to remove the uncertainty or ambiguity:

● The title of the Agreement and footer be changed from “Murrumbidgee Medicare Local Enterprise Agreement 2009” to “firsthealth Enterprise Agreement 2009”.

● Clause 1 of the Agreement be deleted and replaced with:

“1. Title

This Agreement will be known as the firsthealth Enterprise Agreement 2009”.
3. Application and Parties Bound by the Agreement

Paragraph 1 of clause 3 be deleted and replaced with:

“The parties to the Agreement as provided for in Part 2-4 of the Fair Work Act (the “Act”) shall be firsthealth Ltd (“firsthealth”) and related entities”

● The deletion of all references to the “Medicare Local” wherever it appears and the replacement of those references with “firsthealth”.

[5] The submissions of the Applicant are supported by a signed letter of support from an employee who was appointed as a bargaining representative for the employees during the Agreement negotiations and approval process.

[6] Section 217 of the Act relevantly provides as follows:

217 Variation of an enterprise agreement to remove an ambiguity or
uncertainty

(1) The FWC may vary an enterprise agreement to remove an ambiguity or
uncertainty on application by any of the following:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.

(2) If the FWC varies the enterprise agreement, the variation operates
from the day specified in the decision to vary the agreement.

[7] On the basis of the material before me, I am satisfied that there is an ambiguity or uncertainty regarding the name of the employer and that the application to remove the ambiguity or uncertainty has been made in accordance with s. 217 of the Act.

[8] Accordingly, the application is granted and the variation will operate from 26 June 2015.

COMMISSIONER

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