Health Network Northern Territory Ltd T/A Northern Territory PHN

[2019] FWCA 8134

[2019] FWCA 8134

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Health Network Northern Territory Ltd T/A Northern Territory PHN
(AG2019/4403)

NORTHERN TERRITORY PHN ENTERPRISE AGREEMENT 2019-2021

Health and welfare services
COMMISSIONER CIRKOVIC	MELBOURNE, 29 NOVEMBER 2019

Application for approval of the Northern Territory PHN Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Northern Territory PHN Enterprise Agreement 2019-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Health Network Northern Territory Ltd T/A Northern Territory PHN. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clause 2.5 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 11 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement was approved on 29 November 2019 and, in accordance with s.54, will operate from 6 December 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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