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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were General Practice Workforce Incorporated, trading as HR+ and the Fair Work Commission. The dispute pertained to the approval of the General Practice Workforce Enterprise Agreement 2021-2024. The case was heard by the Full Bench of the Fair Work Commission. The central legal issue before the court was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and if it was free from any discriminatory provisions.

The court examined the content of the proposed agreement, considering various factors such as wage rates, working conditions, and the impact on employees and employers. The Fair Work Commission considered submissions from both parties and took into account relevant industry benchmarks and economic conditions. In reaching its decision, the court focused on ensuring that the agreement provided for a fair and reasonable balance of outcomes for both employees and employers, while also being free from any discriminatory provisions.

The Full Bench concluded that the proposed enterprise agreement met the necessary criteria for approval. The court found that the agreement provided for fair and reasonable terms and conditions, and did not contain any discriminatory provisions. The court emphasised the importance of the agreement in promoting a fair and balanced approach to employment within the general practice workforce sector. The decision was made in the interests of both employees and employers, and the agreement was approved by the Fair Work Commission.

General Practice Workforce Incorporated T/A HR+

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established