DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Victoria Primary Health Network Limited
(AG2021/4304)

WESTERN VICTORIA PRIMARY HEALTH NETWORK ENTERPRISE AGREEMENT 2021-2023

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 12 APRIL 2021

Application for approval of the Western Victoria Primary Health Network Enterprise Agreement 2021-2023.

[1] An application has been made for approval of an enterprise agreement known as the Western Victoria Primary Health Network Enterprise Agreement 2021-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Western Victoria Primary Health Network Limited. 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 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Western Victoria Primary Health Network Limited sought approval of its Enterprise Agreement for the years 2021-2023. The application was brought before the Commission in response to a dispute over the terms of the proposed agreement, which aimed to set the conditions of employment for certain employees within the health network.

The primary legal issues the Commission had to resolve were whether the proposed enterprise agreement met the requirements set out in the Fair Work Act 2009, including whether it provided for minimum entitlements, and whether it had been genuinely bargained between the employer and the employee representatives. Another consideration was whether the agreement had been made in good faith and whether it included appropriate mechanisms for dispute resolution.

The Commission reviewed the evidence provided by both parties and examined the provisions of the agreement. It found that the agreement provided for the minimum entitlements prescribed by the Act and was the product of genuine bargaining. The Commission also considered the good faith of the parties and the dispute resolution mechanisms included in the agreement, concluding that they were adequate. Based on these findings, the Commission approved the Western Victoria Primary Health Network Enterprise Agreement 2021-2023, noting that it met all statutory requirements.

The final orders of the Commission were that the Western Victoria Primary Health Network Enterprise Agreement 2021-2023 be approved as a registered agreement under section 173 of the Fair Work Act 2009, effective from the date of the Commission's decision. This approval ensured that the terms and conditions set out in the agreement would be applicable to the relevant employees during the specified period.

Western Victoria Primary Health Network Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established