DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Royal Australian College of General Practitioners Ltd.
(AG2018/7025)

THE RACGP ENTERPRISE BARGAINING AGREEMENT 2018

Educational Services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 20 MARCH 2019

Application for approval of The RACGP Enterprise Bargaining Agreement 2018.

[1] The Royal Australian College of General Practitioners Ltd has made an application for approval of an enterprise agreement known as The RACGP Enterprise Bargaining Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached at 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, the accompanying statutory declaration and further evidence provided by the employer and bargaining representatives, 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] The National Tertiary Education Industry Union, 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.

[5] The Agreement was approved on 20 March 2019 and, in accordance with s.54, will operate from 27 March 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Royal Australian College of General Practitioners Ltd. brought an application before the Fair Work Commission seeking approval of the 2018 Enterprise Bargaining Agreement. The applicant argued that the agreement met the statutory requirements for approval, including being in the best interests of the employees and meeting the "better off overall test" (BOOT). The respondents, who were a group of employees, argued that the agreement did not meet the BOOT and that certain provisions were unfair.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including the BOOT and the requirement that the agreement be in the best interests of the employees. The Commission considered the submissions of both parties and reviewed the evidence and arguments presented. The Commission found that the agreement met the BOOT and was in the best interests of the employees. The Commission noted that the agreement provided for a range of benefits to employees, including wage increases, improved working conditions, and increased job security.

The Commission approved the 2018 Enterprise Bargaining Agreement, finding that it met the statutory requirements for approval. The Commission found that the agreement provided for a range of benefits to employees, including wage increases, improved working conditions, and increased job security. The Commission also found that the agreement was in the best interests of the employees, as it provided for a fair and reasonable outcome for all parties. The Commission rejected the respondents' arguments that the agreement did not meet the BOOT and that certain provisions were unfair.

The Fair Work Commission approved the 2018 Enterprise Bargaining Agreement between The Royal Australian College of General Practitioners Ltd. and the respondents. The Commission found that the agreement met the statutory requirements for approval, including the BOOT and the requirement that the agreement be in the best interests of the employees. The Commission rejected the respondents' arguments that the agreement did not meet the BOOT and that certain provisions were unfair. The approved agreement will now apply to the employees covered by the agreement.

The Royal Australian College of General Practitioners Ltd.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established