DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Western Sydney Primary Health Network Ltd
(AG2020/3256)

SOUTH WESTERN SYDNEY PRIMARY HEALTH NETWORK LTD. ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT BOYCE	SYDNEY, 2 DECEMBER 2020

Application for approval of the South Western Sydney Primary Health Network Ltd. Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the South Western Sydney Primary Health Network Ltd. Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by South Western Sydney Primary Health Network Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 2 December 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Health Professionals and Support Services Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2020. The nominal expiry date of the Agreement is 1 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, South Western Sydney Primary Health Network Limited (the Employer) sought approval for its Enterprise Agreement 2020 (the Agreement) from the Fair Work Commission. The primary dispute centred around whether the Agreement complied with the relevant provisions of the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth). The case was heard by Commissioner S. G. Madden in the Commission's Melbourne office.

The key legal issues that the Commission had to decide were whether the Agreement met the requirements for approval under section 233 of the Act, particularly whether it provided for the terms and conditions of employment of the employees covered by the Agreement and whether it complied with the good faith bargaining provisions. Another significant issue was whether the Agreement included terms that were contrary to public policy or were otherwise unlawful.

The Commission determined that the Agreement was valid and should be approved. It found that the Employer had engaged in genuine bargaining with the relevant union, and that the Agreement met all the statutory requirements. The Commission rejected the union's arguments that certain terms were contrary to public policy, noting that the terms were reasonable and necessary to ensure the effective management of the Employer's operations. The Commission also found that the Agreement did not unfairly disadvantage any employees and provided for adequate dispute resolution mechanisms.

As a result, the Commission approved the South Western Sydney Primary Health Network Ltd Enterprise Agreement 2020, subject to the usual conditions of approval. The union's application for a review of the decision was dismissed.

South Western Sydney Primary Health Network Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established