DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Health Alliance Limited T/A Western NSW Primary Health Network
(AG2021/4434)

WESTERN HEALTH ALLIANCE LIMITED ENTERPRISE AGREEMENT 2021

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 19 APRIL 2021

Application for approval of the Western Health Alliance Limited Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Western Health Alliance Limited Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Western Health Alliance Limited T/A Western NSW Primary Health Network. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] The Australian Nursing and Midwifery Federation 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 is approved and in accordance with s.54, will operate from 26 April 2021. The nominal expiry date of the Agreement is 18 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Western Health Alliance Limited T/A Western NSW Primary Health Network, the Fair Work Commission was tasked with considering an application for the approval of an enterprise agreement. The applicant, Western Health Alliance Limited, sought to have their proposed agreement recognised as a certified agreement under the Fair Work Act 2009. The dispute centred on whether the terms and conditions outlined in the proposed agreement complied with the legislative requirements and the broader objectives of the Act.

The central legal issues that the Commission had to address included whether the proposed agreement fairly reflected the bargaining positions of the parties, whether the agreement contained all the required terms, and if the agreement met the criteria for certification as stipulated under section 233 of the Act. The Commission was also required to ensure that the agreement did not adversely affect the safety and health of employees or undermine the integrity of the collective bargaining process.

In delivering its decision, the Fair Work Commission meticulously examined the terms of the proposed agreement against the statutory provisions. The Commission found that the agreement was the product of genuine and fair negotiations and included all the mandated terms. It also confirmed that the agreement did not negatively impact the health and safety of employees or the collective bargaining process. Consequently, the Commission approved the application and certified the agreement as a lawful and binding instrument under the Fair Work Act 2009. The final orders confirmed the certification of the Western Health Alliance Limited Enterprise Agreement 2021.

Western Health Alliance Limited T/A Western NSW Primary Health Network

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established