Melbourne Primary Care Network Ltd T/A North West Melbourne PHN Summary

[2025] FWCA 501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Melbourne Primary Care Network Ltd T/A North West Melbourne PHN

(AG2024/5170)

MELBOURNE PRIMARY CARE NETWORK ENTERPRISE AGREEMENT 2024

Clerical industry
COMMISSIONER JOHNS	MELBOURNE, 7 FEBRUARY 2025

Application for approval of the Melbourne Primary Care Network Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Melbourne Primary Care Network 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 Melbourne Primary Care Network Ltd T/A North West Melbourne PHN. 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 Municipal, Administrative, Clerical and Services Union 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Melbourne Primary Care Network Ltd, trading as North West Melbourne PHN, and the union. The union sought approval of the Melbourne Primary Care Network Enterprise Agreement 2024. The union argued that the agreement was fair and reasonable, while the employer opposed its approval on several grounds, including the level of remuneration and conditions offered.

The Commission needed to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, it had to consider whether the agreement was procedurally sound, provided for a fair and reasonable outcome for the employees, and did not include terms that were contrary to public policy. The Commission also had to assess whether the agreement was in the interests of the employees and whether it complied with the applicable minimum standards.

In its decision, the Commission found that the agreement was procedurally sound and that the employer had provided sufficient information to support its case. The Commission noted that the agreement offered a fair and reasonable outcome for the employees, taking into account the employer's financial constraints and the need to maintain a sustainable healthcare system. The Commission also found that the agreement did not include any terms that were contrary to public policy and that it complied with the applicable minimum standards. Based on these findings, the Commission approved the agreement.

The Commission made an order approving the Melbourne Primary Care Network Enterprise Agreement 2024 as a registered agreement under the Fair Work Act 2009. The agreement will now apply to the employees covered by the agreement, and the employer is required to comply with its terms. The union and the employer are also required to take steps to ensure that the agreement is implemented effectively and that any disputes arising under the agreement are resolved in accordance with the Fair Work Act.

Melbourne Primary Care Network Ltd T/A North West Melbourne PHN

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established