Riverland Division Of General Practice Inc T/A Focusone Health

[2024] FWCA 2449

[2024] FWCA 2449

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Riverland Division Of General Practice Inc T/A Focusone Health

(AG2024/1856)

RIVERLAND DIVISION OF GENERAL PRACTICE INC (T/A FOCUSONE HEALTH) ENTERPRISE BARGAINING AGREEMENT 2023

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 2 JULY 2024

Application for approval of the Riverland Division of General Practice Inc (T/A FocusOne Health) Enterprise Bargaining Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Riverland Division of General Practice Inc (T/A FocusOne Health) Enterprise Bargaining Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Riverland Division Of General Practice Inc T/A Focusone Health (the Employer). The Agreement is a single enterprise agreement.

1. I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. An older version of the NERR was provided to employees.  However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.  

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, 193 and 193A 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. The Australian Nursing and Midwifery Federation (South Australian Branch) 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.

1. The Agreement is approved and in accordance with s.54, will operate from 9 July 2024. The nominal expiry date of the Agreement is 1 July 2027.

COMMISSIONER

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Annexure A