DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne East General Practice Network T/A Outcome Health
(AG2018/6363)

MELBOURNE EAST GENERAL PRACTICE NETWORK SINGLE ENTERPRISE AGREEMENT 2019-2022

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 MARCH 2019

Application for approval of the Melbourne East General Practice Network Single Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne East General Practice Network Single Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne East General Practice Network T/A Outcome Health. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 4 March 2019 and, in accordance with s.54, will operate from 11 March 2019. The nominal expiry date of the Agreement is 3 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Melbourne East General Practice Network, trading as Outcome Health, applied to the Fair Work Commission for approval of their Single Enterprise Agreement 2019-2022. The application was contested by the Australian Medical Association Victoria, which raised several objections regarding the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission included whether the agreement complied with the statutory criteria for approval, such as meeting the better-off-overall test and ensuring the agreement did not discriminate against employees. The Commission also considered the procedural fairness in how the agreement was negotiated and whether the bargaining process was genuine. The objections raised by the Australian Medical Association Victoria centred on various clauses in the agreement that it believed did not provide adequate protections or benefits to the employees.

The Fair Work Commission found that the Melbourne East General Practice Network Single Enterprise Agreement 2019-2022 did meet the statutory criteria for approval. The Commission concluded that the agreement was not unfair, did not discriminate against any employee, and satisfied the better-off-overall test. The Commission also determined that the negotiation process was genuine and the agreement was made in good faith. As a result, the application for approval was upheld, and the agreement was approved.

The Fair Work Commission approved the Melbourne East General Practice Network Single Enterprise Agreement 2019-2022. The Commission's decision was based on its finding that the agreement met all statutory requirements and was fair and reasonable. The Commission found no merit in the objections raised by the Australian Medical Association Victoria and dismissed them accordingly. The approved agreement will now govern the terms and conditions of employment for the relevant employees within the network.

Melbourne East General Practice Network T/A Outcome Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established