Murray PHN Limited

[2023] FWCA 782

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Murray PHN Limited

(AG2023/522)

Murray PHN Enterprise Agreement 2022

Health and welfare services
DEPUTY PRESIDENT DEAN	CANBERRA, 13 MARCH 2023

Application for approval of the Murray PHN Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Murray PHN Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Murray PHN Limited (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertaking 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2023. The nominal expiry date of the Agreement is 1 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Murray PHN Limited and its employees, who were represented by the Health Services Union of Australia. The dispute centred on the approval of the Murray PHN Enterprise Agreement 2022. The Commission was tasked with determining whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The primary legal issues the Commission needed to resolve were whether the agreement had been made in accordance with the procedural requirements set out in the Act and whether it complied with the substantive provisions of the Fair Work Act. This included assessing whether the agreement met the genuine bargain test, the better off overall test, and whether it adhered to the applicable minimum standards. Additionally, the Commission examined whether the agreement provided for appropriate mechanisms for dispute resolution.

In reaching its decision, the Commission considered the evidence presented by both parties and the submissions made during the hearing. The Commission found that the agreement was made in compliance with the procedural requirements, including proper consultation with the employees and the provision of necessary information. The Commission also determined that the agreement met the genuine bargain test, as it was negotiated in good faith and reflected the input of both parties. Furthermore, the agreement was found to be better off overall for the employees, providing them with fair and reasonable terms and conditions of employment. The Commission concluded that the agreement complied with the applicable minimum standards and contained appropriate dispute resolution mechanisms.

The Commission approved the Murray PHN Enterprise Agreement 2022, and this decision is now binding on the parties involved. The approved agreement will serve as the governing document for the terms and conditions of employment for the employees of Murray PHN Limited for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established