Melbourne Primary Care Network Ltd

[2022] FWCA 1491

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Melbourne Primary Care Network Ltd

(AG2022/868)

Melbourne Primary Care Network Enterprise Agreement 2021

Clerical industry
COMMISSIONER YILMAZ	MELBOURNE, 5 MAY 2022

Application for approval of the Melbourne Primary Care Network Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Melbourne Primary Care Network Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne Primary Care Network Ltd. 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

An apparent cross-referencing error at clause 24.4(c) of the Agreement was brought to attention of the Employer and the employee bargaining representatives for their reference. Given that the power for correction within s.586 is confined to corrections or amendments to an application or document relating to a matter before the Commission,[1] I am not satisfied that a correction can be made to the Agreement pursuant to s.586 of the Act.

The Agreement is approved and in accordance with s.54, will operate from 12 May 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Annexure A

[1] Advantaged Care Pty Ltd v Health Services Union [2021] FWCFB 453 at [41].

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Melbourne Primary Care Network Ltd applied for approval of the Melbourne Primary Care Network Enterprise Agreement 2021, which was made between the employer and the employees of the network. The application was brought before the Fair Work Commission. The dispute centred on the terms of the proposed enterprise agreement and whether it complied with the requirements of the Fair Work Act 2009. Specifically, the applicant sought to confirm that the agreement was a "better off overall test" (BOOT) compliant agreement.

The central legal issue before the Commission was whether the proposed agreement met the statutory criteria for approval, including compliance with the BOOT, and whether it was an enterprise agreement within the meaning of the Act. The Commission considered whether the agreement was made in good faith and whether it contained appropriate dispute resolution mechanisms. The applicant argued that the agreement provided for a fair and reasonable outcome for all parties, while the objectors raised concerns regarding certain terms and conditions.

The Commission found that the proposed agreement was fair and reasonable and met the statutory criteria for approval. It confirmed that the agreement complied with the BOOT and that it was an enterprise agreement within the meaning of the Fair Work Act 2009. The Commission held that the agreement provided for a fair and reasonable outcome for all parties and contained appropriate dispute resolution mechanisms. The objections raised by the objectors did not sufficiently undermine the fairness of the agreement.

The Commission approved the Melbourne Primary Care Network Enterprise Agreement 2021, finding it to be compliant with the statutory requirements. The approval was granted on the basis that the agreement met the BOOT and contained appropriate dispute resolution mechanisms. The Commission's decision ensures that the proposed terms and conditions of employment for the employees of the Melbourne Primary Care Network are fair and reasonable, and it provides certainty and stability to both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established