FAMILY PLANNING NSW MEDICAL OFFICERS' ENTERPRISE AGREEMENT 2024

Application for approval of the Family Planning NSW Medical Officers' Enterprise Agreement 2024

[1] Family Planning NSW has applied for approval of an enterprise agreement known as the Family Planning NSW Medical Officers' Enterprise Agreement 2024 ("Agreement"). The application is made under s 185 of the Fair Work Act 2009 ("Act"). The Agreement is a single enterprise agreement.

[2] The Australian Salaried Medical Officers Federation ("ASMOF") was a bargaining representative for the Agreement. It supports the approval of the Agreement.

[3] The Agreement does not in terms contain a Delegates' Rights term. Clause 44(a) provides: "The Employer recognises the rights of Workplace Delegates as defined in Part 7, Clause 28A of the Medical Practitioners Award 2020 as amended from time to time." I am not satisfied that a "recognition" of rights equates to the Agreement conferring such rights. (I note also that clause 5 of the Agreement provides that the Agreement applies to the exclusion of the Award.)

[4] For an abundance of caution, in accordance with section 205A(2)(b) of the Act, clause 28A of the Medical Practitioners Award 2020 is taken to be a term of the Agreement.

[5] With that determination, and having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application have been met.

[6] The ASMOF has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the ASMOF.

[7] The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 1 May 2025. The nominal expiry date of the Agreement is 30 June 2027.

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