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 PUBLIC HEALTH SECTOR (DENTAL THERAPISTS, DENTAL HYGIENISTS AND ORAL HEALTH THERAPISTS’) ENTERPRISE AGREEMENT 2013-2017 (NO.2)

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 29 MAY 2015

Application for approval of the Victorian Public Health Sector (Dental Therapist, Dental Hygienists and Oral Health Therapists) Enterprise Agreement 2013-2017 (No2).

[1] An application has been made for approval of an enterprise agreement known as the Victorian Public Health Sector (Dental Therapist, Dental Hygienists and Oral Health Therapists) Enterprise Agreement 2013-2017 (No2) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Victorian Hospitals’ Industrial Association for 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 5 June 2015. 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 in this case are various health service providers within Victoria, including Albury Wodonga Health, Echuca Regional Health, Northeast Health Wangaratta, Peninsula Health, and South West Healthcare. They have applied to the Fair Work Commission for approval of the Victorian Public Health Sector (Dental Therapists, Dental Hygienists and Oral Health Therapists) Enterprise Agreement 2013-2017 (No 2). The dispute revolves around whether this agreement should be approved under the Fair Work Act 2009, considering its compliance with the better off overall test and other relevant statutory criteria.

The legal issues the court needed to address were primarily focused on the interpretation and application of the better off overall test, as well as ensuring the agreement met all necessary statutory requirements. The applicants argued that the agreement would provide employees with better wages, conditions, and overall benefits compared to the previous agreement, thus satisfying the better off overall test. Conversely, the respondents raised concerns about potential impacts on service delivery and financial sustainability within the health services.

The court examined the evidence presented by both parties, focusing on the financial implications, employee satisfaction, and the overall impact on service delivery. It was noted that the agreement included provisions that would provide employees with enhanced wages, improved working conditions, and additional benefits. The court found that these enhancements were significant enough to satisfy the better off overall test, taking into account the increased costs to the employers. The court also considered the potential risks to service delivery and concluded that the applicants had adequately addressed these concerns through the proposed measures within the agreement.

The court ultimately approved the agreement, finding that it met the statutory requirements and satisfied the better off overall test. This decision ensures that the employees will benefit from the improved terms and conditions, while the applicants will need to manage the associated financial impacts.

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