Medibank Health Solutions Telehealth Pty Ltd T/A Amplar Virtual Health

[2025] FWCA 623

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Medibank Health Solutions Telehealth Pty Ltd T/A Amplar Virtual Health

(AG2024/5200)

AMPLAR VIRTUAL HEALTH ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 17 FEBRUARY 2025

Application for approval of the Amplar Virtual Health Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Amplar Virtual Health 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 by Medibank Health Solutions Telehealth Pty Ltd T/A Amplar Virtual Health. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union (HSU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2025. The nominal expiry date of the Agreement is 31 January 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of a proposed enterprise agreement, the Amplar Virtual Health Enterprise Agreement 2024, by Medibank Health Solutions Telehealth Pty Ltd trading as Amplar Virtual Health. The application was brought under the provisions of the Fair Work Act 2009, seeking endorsement of the agreement which would govern the terms and conditions of employment for the relevant employees.

The legal issues at the heart of this case revolved around the procedural validity of the application and whether the proposed agreement complied with the statutory requirements for enterprise agreements. This included an assessment of whether the agreement had been made in good faith, whether it contained the mandated minimum terms and conditions, and whether the process for its negotiation and agreement was fair and lawful. Additionally, the court had to consider whether the agreement was likely to promote workplace harmony and if it provided adequate protection for employees' rights and entitlements.

The Fair Work Commission undertook a detailed examination of the application and the proposed agreement. The Commission found that the application was procedurally sound and that the agreement contained all the required minimum terms and conditions. The Commission also concluded that the agreement was likely to promote workplace harmony and provided adequate protection for employees' rights. Based on this analysis, the Commission approved the Amplar Virtual Health Enterprise Agreement 2024, finding that it met the statutory criteria for endorsement. The approval was therefore granted, allowing the agreement to take effect as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established