firsthealth Ltd T/A Murrumbidgee Primary Health Network Summary

[2018] FWCA 4185

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

firsthealth Ltd T/A Murrumbidgee Primary Health Network

(AG2018/1759)

Firsthealth Limited Enterprise Agreement 2018

Australian Capital Territory
Deputy President Kovacic	CANBERRA, 16 JULY 2018

Application for approval of the firsthealth Limited Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the firsthealth Limited Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by firsthealth Ltd T/A Murrumbidgee Primary Health Network. The Agreement is a single enterprise agreement.

Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted undertakings from firsthealth Ltd T/A Murrumbidgee Primary Health Network. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

The Health Services Union of Australia 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2018. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, firsthealth Limited T/A Murrumbidgee Primary Health Network, sought approval of the firsthealth Limited Enterprise Agreement 2018 from the Fair Work Commission. The agreement related to the terms and conditions of employment for certain employees within the organisation. The case was heard in the Fair Work Commission, which is responsible for resolving workplace disputes and regulating workplace relations in Australia.

The primary legal issue the court had to decide was whether the Enterprise Agreement complied with the relevant legislative framework. This involved examining whether the agreement met the statutory requirements under the Fair Work Act 2009, including provisions related to minimum terms and conditions of employment, the process for bargaining, and the content of the agreement. The court also considered whether the agreement provided for fair and reasonable terms and conditions, and whether it was appropriately certified by an independent certifier.

The Fair Work Commission found that the Enterprise Agreement did comply with the legislative requirements and was fair and reasonable. The court noted that the agreement had been the subject of a good faith bargaining process and included provisions for minimum terms and conditions, such as minimum wages, leave entitlements, and dispute resolution mechanisms. The court also found that the agreement was appropriately certified, meeting the statutory criteria for certification. As a result, the court approved the Enterprise Agreement, confirming its compliance with the law and its appropriateness for the employees it covered.

The final orders of the Fair Work Commission included the approval of the firsthealth Limited Enterprise Agreement 2018, effective from the date of the decision. The court's decision provided clarity on the terms and conditions of employment for the relevant employees and ensured that the agreement met all necessary legal standards. This outcome was important for maintaining fair and effective workplace relations within the organisation.

firsthealth Ltd T/A Murrumbidgee Primary Health Network

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established