Riverland Division Of General Practice Inc T/A Focusone Health Summary

[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

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.

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.

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, 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.

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.

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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Riverland Division of General Practice Inc (trading as FocusOne Health) applied to the Fair Work Commission for approval of their Enterprise Bargaining Agreement 2023. The application was made under section 230 of the Fair Work Act 2009, seeking the Commission's approval for the agreement as a registered agreement. The primary respondents were the Riverland Division of General Practice Inc and the Australian Health Practitioners Regulation Agency. The Commission was required to determine whether the agreement met the criteria for registration as set out in the Act.

The legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements for registration under the Fair Work Act 2009. Procedurally, the agreement had to be made in good faith, and the process by which it was made had to be fair. Substantively, the agreement had to comply with the relevant minimum standards, including those related to wages, penalty rates, leave entitlements, and other employment conditions. The Commission also needed to consider whether the agreement was in the best interests of the employees and employers involved.

In determining the application, the Commission examined the evidence and submissions provided by the parties. The Commission found that the agreement was made in good faith and that the process was fair. The Commission also found that the agreement met the minimum standards required by the Act and was in the best interests of the employees and employers involved. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment, and that it would promote improved industrial relations between the parties.

The Fair Work Commission approved the Enterprise Bargaining Agreement 2023, effective from 1 July 2023. The Commission ordered that the agreement be registered as a registered agreement under the Fair Work Act 2009. The agreement will apply to employees of the Riverland Division of General Practice Inc (trading as FocusOne Health) who are covered by the agreement. The approval of the agreement provides certainty and stability for both the employees and employers involved, and promotes improved industrial relations in the health sector.

Riverland Division Of General Practice Inc T/A Focusone Health

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established