Daniel Moore v Ballarat Health Services

[2020] FWC 5714

[2020] FWC 5714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.739—Dispute resolution

Daniel Moore
v
Ballarat Health Services
(C2020/4944)

DEPUTY PRESIDENT CLANCY MELBOURNE, 27 OCTOBER 2020

Alleged dispute about any matters arising under the enterprise agreement and the NES;[s186(6)].

[1] On 26 October 2020, I issued a Decision (the Decision) 1 in relation to a dispute filed pursuant to s.739 of the Fair Work Act 2009 (the Act) by Mr Daniel Moore in relation to his employment with Ballarat Health Services (BHS). In filing his application, Mr Moore had outlined that the Victorian Public Health Sector (Health and Allied Services, Managers and Administrative Workers) Single Interest Enterprise Agreement 2016-2020 covered his employment with BHS.

[2] Correspondence with the parties subsequent to the Decision has established that they agree that the Allied Health Professionals (Victorian Public Health Sector) Single Interest Enterprise Agreement 2016 – 2020 covers the employment of Mr Moore and further, that they agree to me revoking the Decision and determining the dispute in accordance with the Allied Health Professionals (Victorian Public Health Sector) Single Interest Enterprise Agreement 2016 – 2020.

[3] Having regard to the decision of the Full Bench of the Commission in Glen Cameron Nominees Pty Ltd T/A Glen Cameron Trucking v Transport Workers’ Union of Australia, 2the Decision is hereby revoked pursuant to s.603 of the Act.

[4] The dispute will now be determined to finality in accordance with the Allied Health Professionals (Victorian Public Health Sector) Single Interest Enterprise Agreement 2016 – 2020. The parties will be provided with the opportunity to file any further submissions they wish to make and I will liaise with them as to whether they consider a hearing is required or whether the dispute is capable of being determined on the papers.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   [2020] FWC 5690.

 2   [2017] FWCFB 4636.