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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CaseChat Overview and Summary

The Health Network Northern Territory Limited, trading as the Northern Territory Primary Health Network (PHN), applied to the Fair Work Commission for the approval of the Northern Territory PHN Enterprise Agreement 2019-2021. The dispute centred on the terms and conditions of employment for the employees of the PHN, specifically those covered by the proposed agreement. The Commission, comprising of Deputy President S.J. Katzmann, Commissioner B.J. Lee, and Commissioner A.J. Morris, was tasked with determining whether the agreement should be approved under the Fair Work Act 2009.

The central legal issue before the Commission was whether the terms of the proposed agreement met the requirements for approval under the Fair Work Act, particularly in relation to the provisions on wages and conditions, and whether the agreement was in the best interests of the employees. The Commission had to assess whether the proposed agreement provided for fair and reasonable terms and conditions of employment, and whether it balanced the needs and interests of both the employer and the employees.

The Commission found that the proposed agreement was fair and reasonable, taking into consideration the specific circumstances of the employees and the employer. The agreement was deemed to provide for appropriate wages and conditions that were consistent with the Fair Work Act. Furthermore, the Commission was satisfied that the agreement was in the best interests of the employees, as it included provisions that addressed the unique needs of the workforce and ensured fair treatment. Based on these findings, the Commission approved the Northern Territory PHN Enterprise Agreement 2019-2021.

Health Network Northern Territory Ltd T/A Northern Territory PHN

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established