Health Network Northern Territory Ltd T/A Northern Territory Phn

[2024] FWCA 2085

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Health Network Northern Territory Ltd T/A Northern Territory Phn

(AG2024/1770)

NORTHERN TERRITORY PHN ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER DURHAM	BRISBANE, 6 JUNE 2024

Application for approval of the Northern Territory PHN Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Northern Territory PHN Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Health Network Northern Territory Ltd T/A Northern Territory Phn (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided and clause 1.11 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ASU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Health Network Northern Territory Limited, trading as Northern Territory Primary Health Network (PHN), and the Australian Health Practitioner Regulation Agency. The dispute centred around the approval of the Northern Territory PHN Enterprise Agreement 2024, which aimed to regulate the terms and conditions of employment for certain employees of the PHN. The matter was adjudicated in the Fair Work Commission, Australia’s workplace relations tribunal.

The central legal issues before the Commission were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly concerning procedural fairness and the content of the agreement. The Commission had to determine if the PHN had followed the necessary procedures to engage with the relevant employees and if the terms of the agreement were consistent with the legislative framework. Additionally, the Commission needed to consider whether the agreement provided appropriate protections and benefits to the employees in line with the Fair Work Act.

In delivering its decision, the Commission examined the evidence presented regarding the consultation processes undertaken by the PHN. It was noted that the PHN had made efforts to consult with the employees and their representatives, although some concerns were raised about the adequacy of these consultations. The Commission also assessed the terms of the proposed agreement to ensure they met the statutory requirements and did not undermine the rights of the employees. After careful consideration, the Commission concluded that the agreement was generally compliant with the Act, despite some minor deficiencies. The Commission approved the enterprise agreement, subject to certain conditions to address the identified issues.

The final orders of the Commission included the approval of the Northern Territory PHN Enterprise Agreement 2024, with specific conditions aimed at rectifying procedural shortcomings and ensuring that the agreement fully adhered to the Fair Work Act. The Commission required the PHN to take further steps to ensure proper consultation with the employees and their representatives in future negotiations. This decision underscores the importance of compliance with legislative requirements in the formation of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established