WESTERN VICTORIA PRIMARY HEALTH NETWORK ENTERPRISE AGREEMENT 2025-2028

Application for approval of the Western Victoria Primary Health Network Enterprise Agreement 2025-2028

[1] An application has been made for approval of an enterprise agreement known as the _Western Victoria Primary Health Network 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 Western Victoria Primary Health Network Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Notice of Employee Representational Rights (NERR) issued by the Employer was prepared using a version of the NERR that applied prior to the 6 June 2023 legislative reforms. Further, the Agreement title is 'Western Victoria Primary Health Network Enterprise Agreement 2025-2028.' However, the NERR title is 'Western Victoria Primary Health Network Enterprise Agreement 2024'.

[3] This may mean that the NERR was not in its prescribed form as required by s 174(1A) of the Act. Having regard to the Employer's submissions, I am satisfied that this is a minor 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.

[4] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, 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:

• Clause 30.1 provides employees are required to notify their line manager prior to the normal time of commencement if they are unable to attend work due to personal leave, the reason for their leave and the estimated length of absence. This may be inconsistent with s 107(2) of the Act which provides for notice to be given as soon as reasonably practicable (which may be a time after the leave has started).

• Clause 32 states that employees may opt for taking a locally gazetted public holiday in lieu of the Melbourne Cup Day public holiday and an alternate mutually agreed day, in lieu of the Australia Day public holiday. This may be inconsistent with s 115(3) of the Act, which provides that the substitution of a public holiday with another day may only occur by agreement between the employer and an individual employee, rather than a majority of employees.

[5] In clause 24.3 of the Agreement, hours worked in addition to the ordinary hours of work (as defined in clause 14) for full-time and part-time employees shall be paid at the overtime rate of time and a half. This is less beneficial than clause 25.2 of the Award where a full-time or part-time employee who works overtime shall be paid 150% of the minimum hourly rate for the first 2 hours and 200% thereafter, Monday to Saturday and 200% of the minimum hourly rate on Sunday. This appears to present a concern in respect of employees whose rate of pay under the Agreement has a margin of difference to the Award of 5.29% or less, assuming four hours of overtime per week.

[6] The Employer has provided written undertakings which I am satisfied addresses the above-referred BOOT concern. 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.

[7] 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).

[8] The Health Services Union of Australia Victoria (HSU) being a bargaining representative for the Agreement supports the approval of the Agreement and 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 4 November 2025. The nominal expiry date of the Agreement is 30 June 2028.

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