Melbourne Primary Care Network Ltd

[2022] FWCA 1491

[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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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].

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