DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GP Down South Ltd T/A GP Down South
(AG2020/338)

GP DOWN SOUTH LTD ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER WILLIAMS	PERTH, 13 MARCH 2020

Application for approval of the GP Down South Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the GP Down South Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GP Down South Ltd T/A GP Down South. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 20 March 2020. The nominal expiry date of the Agreement is 12 March 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, GP Down South Ltd, trading as GP Down South, sought approval of the GP Down South Ltd Enterprise Agreement 2019. The application was contested by the Health Professionals and Support Services Union (HPSSU), representing the employees of GP Down South. The dispute centred around the terms and conditions of employment under the proposed enterprise agreement, including wage rates, classification, and other employment-related provisions.

The legal issues before the commission included whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, specifically whether the agreement provided for a fair and efficient workplace, and if it met the "better off overall test" which ensures that employees are not worse off under the new agreement. The commission also considered the fairness of the process by which the agreement was negotiated and the adequacy of the information provided to the employees.

The commission found that the proposed agreement satisfied the legal criteria for approval. The commission was satisfied that the agreement provided for fair and efficient workplaces and met the "better off overall test". The commission also found that the negotiation process was fair and that adequate information had been provided to the employees. The commission approved the GP Down South Ltd Enterprise Agreement 2019, subject to certain modifications to address minor procedural issues. These modifications were aimed at ensuring that the agreement fully complied with the statutory requirements.

GP Down South Ltd T/A GP Down South

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established