Your Community Health
[2024] FWCA 2422
•8 JULY 2024
| [2024] FWCA 2422 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Your Community Health
(AG2024/2252)
YOUR COMMUNITY HEALTH MEDICAL PRACTITIONERS’ SINGLE ENTERPRISE AGREEMENT 2024 – 2027
| Health and welfare services | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 8 JULY 2024 |
Application for approval of the Your Community Health Medical Practitioners’ Single Enterprise Agreement 2024 – 2027
Your Community Health has made an application for approval of an enterprise agreement known as the Your Community Health Medical Practitioners’ Single Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
While the application is generally in order, the employees were not provided with the notice of employee representational rights (NERR) within 14 days of notification time. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.
The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.
The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
The Australian Salaried Medical Officers Federation (ASMOF), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the ASMOF.
The Agreement was approved on 8 July 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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