General Practice Workforce Incorporated T/A HR+

[2020] FWCA 6102

[2020] FWCA 6102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

General Practice Workforce Incorporated T/A HR+
(AG2020/3140)

GENERAL PRACTICE WORKFORCE ENTERPRISE AGREEMENT 2021 - 2024

Clerical industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 NOVEMBER 2020

Application for approval of the General Practice Workforce Enterprise Agreement 2021 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the General Practice Workforce Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by General Practice Workforce Incorporated T/A HR+. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The voting information provided to the employees did not contain the location of the vote, as required by Section 180(3) of the Act. Further, the voting location was provided on a ballot paper, however it was unclear if this was provided within 7 clear days of the vote taking place. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2020. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Annexure A

 1   [2019] FWCFB 318

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