DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Albury Wodonga Health (Wodonga Campus); Echuca Regional Health; Northeast Health Wangaratta; Peninsula Health; South West Healthcare
(AG2014/10812)

VICTORIAN STAND-ALONE COMMUNITY HEALTH CENTRES (DENTAL THERAPISTS, DENTAL HYGIENISTS AND ORAL HEALTH THERAPISTS’) ENTERPRISE AGREEMENT 2013-2017 (NO. 2).

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 24 DECEMBER 2014

Application for approval of the Victorian Stand-Alone Community Health Centres (Dental Therapists, Dental Hygienists and Oral Health Therapists’) Enterprise Agreement 2013-2017 (No. 2).

[1] An application has been made for approval of an enterprise agreement known as the Victorian Stand-Alone Community Health Centres (Dental Therapists, Dental Hygienists and Oral Health Therapists’) Enterprise Agreement 2013-2017 (No. 2), (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Albury Wodonga Health, Echuca Regional Health, Northeast Health Wangaratta, Peninsula Health, and South West Healthcare. The agreement is a mulit-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 31 December 2014. The nominal expiry date of the Agreement is 31 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, comprising several regional health organisations in Victoria, sought approval for an enterprise agreement that would regulate the employment of dental therapists, dental hygienists, and oral health therapists. The matter was heard and determined by the Fair Work Commission. The primary legal issue before the Commission was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the "better off overall test" (BOOT), which requires that employees be no worse off financially and at least some employees be better off financially compared to the applicable award or existing agreement.

The Commission undertook a comprehensive analysis of the proposed agreement, comparing it against the relevant awards and assessing its impact on the employees' financial conditions. The Commission found that the proposed agreement did indeed meet the BOOT, as it provided for certain improvements in remuneration and conditions for the employees. Notably, the agreement introduced higher pay rates and additional benefits, which were deemed to be sufficient to satisfy the BOOT. The Commission also considered the broader context of the healthcare sector and the need for improved workforce conditions to support the delivery of quality healthcare services.

Having concluded that the agreement met the statutory requirements, the Commission approved the application. The decision was made on the basis that the proposed agreement provided for improved conditions for the employees, without adversely affecting their financial position, and thus met the criteria under the Fair Work Act. This approval ensures that the terms of the enterprise agreement will apply to the relevant employees, providing them with the benefits outlined in the agreement.

Albury Wodonga Health (Wodonga Campus); Echuca Regional Health; Northeast Health Wangaratta; Peninsula Health; South West Healthcare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established