DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barwon Health
(AG2015/1782)

BARWON HEALTH (BIOMEDICAL ENGINEERS) ENTERPRISE AGREEMENT 2014-2017

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 10 FEBRUARY 2015

Application for approval of the Barwon Health (Biomedical Engineers) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Barwon Health (Biomedical Engineers) Enterprise Agreement 2014-2017 (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 Barwon Health. The agreement is a single-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 is approved and, in accordance with s.54, will operate from 17 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

[4] The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), also known as Professionals Australia, 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), I note that the Agreement covers the organisation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Barwon Health, a public hospital network in Victoria, sought approval for its Biomedical Engineers Enterprise Agreement 2014-2017 from the Fair Work Commission. The dispute centred on whether the terms of the agreement complied with the Fair Work Act 2009. The Commission was required to consider the fairness of the agreement in light of the statutory criteria and assess whether it met the ‘better off overall test’.

The court had to determine if the agreement was fair and reasonable, taking into account the potential impact on the employees and the employer. This involved assessing the balance of benefits and detriments provided by the agreement, considering factors such as the terms of employment, wages, and conditions. The Commission also needed to evaluate if the agreement met the threshold criteria under the Fair Work Act, ensuring it did not adversely affect the employees’ job security or remuneration.

The Fair Work Commission approved the agreement, finding it met the statutory requirements. The Commission considered the terms of the agreement to be fair and reasonable, and it passed the ‘better off overall test’. The Commission noted that the agreement provided benefits to the employees in terms of wages, conditions, and job security, without causing undue detriment to the employer. The Commission was satisfied that the agreement did not contravene any provisions of the Fair Work Act.

No further orders were made beyond the approval of the agreement. The Commission's decision confirmed the agreement's validity, allowing it to be implemented as a binding enterprise agreement between Barwon Health and its biomedical engineers.

Barwon Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established