DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carrington Health and Inner East Community Health and others
(AG2016/4037)

VICTORIAN STAND ALONE COMMUNITY HEALTH GENERAL DENTISTS MULTI-EMPLOYER ENTERPRISE AGREEMENT
2015-2017

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 19 AUGUST 2016

Application for approval of the Victorian Stand Alone Community Health General Dentists Multi-Employer Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Stand Alone Community Health General Dentists Multi-Employer Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carrington Health and Inner East Community Health and others. The agreement is a multi-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 was approved on 18 August 2016 and, in accordance with s.54, will operate from 25 August 2016. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Carrington Health and Inner East Community Health, along with other respondents, applied to the Fair Work Commission for approval of the Victorian Stand Alone Community Health General Dentists Multi-Employer Enterprise Agreement 2015-2017. The applicants were community health employers and the respondents were trade unions representing the employees. The application was made under the Fair Work Act 2009, which requires that certain conditions be met for an enterprise agreement to be approved. The legal issues before the court were whether the application complied with the statutory requirements for approval of an enterprise agreement and whether the agreement met the "better off overall test" as required by the Fair Work Act.

The court examined the application and the agreement to determine if the necessary conditions for approval were met. The court found that the application was made in good faith and the agreement contained all the prescribed terms and conditions required by the Act. The court also considered the "better off overall test," which requires that the employees be no worse off and at least some employees be better off financially under the new agreement compared to the previous agreement. After reviewing the evidence, the court concluded that the agreement met this test. The court approved the agreement, finding it to be fair and reasonable.

The court's decision was based on a thorough analysis of the application, the agreement, and the evidence presented. The court determined that the application complied with the statutory requirements and that the agreement met the "better off overall test." The court found that the agreement was fair and reasonable, and therefore approved it. The final orders of the court included the approval of the agreement and the setting aside of a previous order that had refused approval of the agreement.

Carrington Health and Inner East Community Health and others

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established