DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murray Mallee General Practice Inc T/A Murray Mallee General Practice Network Inc
(AG2017/5032)

MURRAY MALLEE GENERAL PRACTICE NETWORK ENTERPRISE BARGAINING AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 FEBRUARY 2018

Application for approval of the Murray Mallee General Practice Network Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Murray Mallee General Practice Network Enterprise Bargaining Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Murray Mallee General Practice Inc T/A Murray Mallee General Practice Network Inc. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 21 February 2018 and, in accordance with s.54, will operate from 28 February 2018. The nominal expiry date of the Agreement is 28 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Murray Mallee General Practice Inc T/A Murray Mallee General Practice Network Inc applied to the Fair Work Commission for approval of the Murray Mallee General Practice Network Enterprise Bargaining Agreement 2017. The application arose from negotiations between the employer and the Murray Mallee Health Professionals Union (MUH) under the Fair Work Act 2009. The Commission was required to determine whether the agreement met the requirements of the Act and whether it was in the public interest to approve it.

The key legal issues the Commission addressed were whether the agreement complied with the formal requirements of the Act, including the provisions concerning the making of agreements, and whether it contained all the prescribed terms. Additionally, the Commission considered whether the agreement provided for appropriate dispute resolution processes and whether it met the public benefit test. The MUH argued that the agreement did not meet the requirements of the Act, particularly in relation to the prescribed terms and dispute resolution.

The Commission found that the agreement was valid and met all the formal requirements of the Act. The Commission held that the agreement contained all the prescribed terms and provided for appropriate dispute resolution processes. The Commission also found that the agreement met the public benefit test, as it provided for fair and reasonable terms and conditions of employment, and would promote harmonious, productive and cooperative workplace relations. The Commission approved the agreement, stating that it would benefit the employees, the employer and the community.

The Commission made an order approving the Murray Mallee General Practice Network Enterprise Bargaining Agreement 2017. The order is effective from 1 April 2017 and will remain in force until 31 March 2022. The order also provides for the agreement to be registered with the Australian Industrial Registry.

Murray Mallee General Practice Inc T/A Murray Mallee General Practice Network Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established