AMA Victoria Ltd & Australian Salaried Medical Officers Federation (132N) v Your Community Health [2024] FWC 532

1 Fair Work Act 2009 s.240—Bargaining dispute AMA Victoria Ltd & Australian Salaried Medical Officers Federation (132N) v Your Community Health (B2023/1130) COMMISSIONER HARPER-GREENWELL MELBOURNE, 28 FEBRUARY 2024 Dispute in relation to a proposed enterprise agreement – recommendation by the Commission [1] On 19 October 2024, AMA Victoria Ltd (AMA) & Australian Salaried Medical Officers Federation (ASMOF) made an application to the Fair Work Commission (the Commission) to deal with a bargaining dispute. The dispute arises out of enterprise negotiations between Your Community Health and its employees for a proposed enterprise Agreement (the Proposed Agreement) to replace the Darebin Community Health Medical Practitioners Single Enterprise Agreement 2015-2018 (the Agreement). The Agreement covers Registered Medical Practitioners who are presently engaged in bargaining for the Proposed Agreement. [2] The Application was made pursuant to section 240 of the Fair Work Act 2009 (Cth) (the Act). [3] The factual background to the bargaining of the Proposed Agreement can be summarised as follows. In June 2022, the parties agreed to meet with the intention to commence bargaining negotiations for a new enterprise agreement. Due to a range of extenuating circumstances bargaining was delayed. The parties recommenced bargaining in October 2022. The first bargaining meeting occurred on 16 February 2023. The parties continued to bargain until they reached an impasse on 12 October 2023. [4] At the time AMA & ASMOF made its application there were a number of financial and non-financial matters that remained in dispute. Two conferences have been held before the Commission in this matter. The parties also attended the Commission on 13 February 2024. The parties requested that the Commission assist by utilising the Interest Based Bargaining principles from its Collaborative Approaches Program. The parties were productive at each conference, achieving agreed outcomes and resolving a large proportion of the matters in dispute. [5] During the conference held on 27 February 2024, the parties sought the Commission’s assistance to resolve the remaining item in dispute, rates of pay for Registered Medical Practitioners. With the Commission’s assistance the parties were able to reach an agreement. [2024] FWC 532 RECOMMENDATION -- 1 of 2 -- [2024] FWC 532 2 [6] The parties informed the Commission that they would proceed to a vote on the Proposed Agreement in accordance with the terms of this Recommendation. Therefore, the Commission makes the following recommendations by consent of the parties in respect of the remaining matters in dispute: A) Rates of Pay Registered Medical Practitioners: • $121.00 per hour. B) Wage increases over the life of the proposed Agreement: • 3% on 1 July 2024, • 3% on 1 July 2025, • 3% on 1 July 2026. [7] On approval of the Agreement Your Community Health has elected to apply the wage increase (being $121.00 per hour for Registered Medical Practitioners) from 1 July 2023. [8] The parties are to be commended for engaging in a collaborative approach to resolving the dispute. The dispute is fully and finally resolved by consent of the Parties. COMMISSIONER Appearances: Mr J Ryan, Dr R Klein, and Dr K Walker for the Applicant Ms V Brown, Mr K Crowe, and Ms L Brown-Tamwoy for the Respondent Conference details: Fair Work Commission, Melbourne on 14 December 2023, 27 February 2024. Printed by authority of the Commonwealth Government Printer <PR771902> -- 2 of 2 --