austlii:cth/FWCA/2025/3950
General information, not legal advice.
FWCA
2025-12-03
Original judgment source is linked above.
s.185 - Enterprise agreement
GENERAL PRACTICE WORKFORCE ENTERPRISE AGREEMENT 2025-2029
Application for approval of the General Practice Workforce Enterprise Agreement 2025-2029
[1] General Practice Workforce Inc (the Employer) has made an application for approval of an enterprise agreement known as the General Practice Workforce Enterprise Agreement 2025-2029 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). 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, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, has been met.
[4] The employer did not adequately explain what steps were taken to explain the terms of the agreement to certain categories of employees. I sought submissions from the employer in this regard. Pursuant to s.188(5), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.180(5). I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188 of the FW Act.
[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):
Clause 45.2
[6] However, noting clause 9 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[7] The Agreement is approved and, in accordance with s.54, will operate from 31 December 2025. The nominal expiry date of the Agreement is 3 December 2029.
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