MELBOURNE EAST GENERAL PRACTICE NETWORK LIMITED SINGLE ENTERPRISE AGREEMENT 2025-2028

Application for approval of the Melbourne East General Practice Network Limited Single Enterprise Agreement 2025-2028

[1] An application has been made for approval of an enterprise agreement known as the Melbourne East General Practice Network Limited Single Enterprise Agreement 2025-2028 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Melbourne East General Practice Network Limited T/A Outcome Health (Employer). The Agreement is a single enterprise agreement. 

[2] The title at clause 1 of the Agreement is not the same as the title of the Agreement in the Notice of Employee Representation Rights. Having regard to the Employer's submissions, I am satisfied that this is a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act. 

[3] The Employer has provided written undertakings. A copy of the undertakings is attached at 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.  

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

[5] Pursuant to s 205A(2) of the Act, the workplace delegates' rights term prescribed by the Nurses Award 2020 is taken to be a term of the Agreement. 

[6] I observe that the clause 33.12 of the Agreement clauses is likely to be inconsistent with the National Employment Standards (NES) as it appears to be more restrictive than s 107 of the Act. However, noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES. 

[7] Clause 33.12 states that for an employee to be entitled to sick leave, they must advise the employer "as soon as practicable of the absence before the time for which he/she is rostered to attend for duty". This may be more restrictive than s 107 of the Act, which provides that notice must be given as soon as practicable (which may be a time after the leave has started).

[8] The Australian Nursing and Midwifery Federation (ANMF) being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation. 

[9] The Agreement is approved and, in accordance with s 54 of the Act will operate from 19 February 2026. The nominal expiry date of the Agreement is 31 January 2028. 

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