austlii:cth/FWCA/2025/3688
General information, not legal advice.
FWCA
2025-11-03
Original judgment source is linked above.
s.185 - Enterprise agreement
Firsthealth Limited Trading AS Murrumbidgee Primary Health Network
[1] An application has been made for approval of an enterprise agreement known as the firsthealth Limited Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by firsthealth Limited (Applicant). The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. 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, I am satisfied that each requirement of ss 186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[4] Noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Health Services Union (HSU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the HSU.
[6] The Agreement is approved and will operate from 10 November 2025 in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 10 November 2028.

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