General Practices Victoria Ltd

[2013] FWCA 244

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

General Practices Victoria Ltd
(AG2012/14446)

GENERAL PRACTICE VICTORIA LTD ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 14 JANUARY 2013

Application for approval of the General Practice Victoria Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the General Practice Victoria Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by General Practices Victoria Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2013. The nominal expiry date of the Agreement is 10 April 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, General Practice Victoria Limited (GPV) and the Australian Medical Association (Victorian Branch) (AMA) sought approval of the General Practice Victoria Ltd Enterprise Agreement 2012 (the Agreement) under section 186 of the Fair Work Act 2009. The application was opposed by the Australian Health Services Union (Victorian Branch) (the Union). The dispute was heard in the Fair Work Commission (FWC).

The legal issues before the Commission were whether the Agreement was in the public interest, whether the Agreement provided for a safety net of minimum terms and conditions, and whether the Agreement complied with the Good Faith Bargaining provisions in the Fair Work Act. A further issue was whether the Agreement was free of any illegality or voidness.

The FWC found that the Agreement was in the public interest, provided for a safety net of minimum terms and conditions, and complied with the Good Faith Bargaining provisions. The FWC also found that the Agreement was not void or illegal. The FWC approved the Agreement with minor modifications to allow for a transitional period for the operation of the Agreement and to ensure compliance with the Fair Work Act.

The FWC made an order approving the Agreement, subject to the modifications made by the FWC. The modifications included the insertion of a transitional clause to allow for a period of six months from the date of the order for the Agreement to be in operation. The FWC also made an order that the Agreement would be registered by the Registrar of the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established