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

1 [2020] FWC 5690.

2 [2017] FWCFB 4636.

CaseChat Overview and Summary

In the case of Daniel Moore versus Ballarat Health Services, the Federal Court of Australia was called upon to determine a dispute concerning matters that arose under the enterprise agreement and the National Employment Standards (NES). The plaintiff, Daniel Moore, who was employed by the defendant, Ballarat Health Services, sought to have the Fair Work Commission (FWC) review and determine the dispute. Moore alleged that the health service provider failed to comply with certain terms of the enterprise agreement and the NES, leading to a conflict that required judicial intervention.

The primary legal issue before the court was whether the Federal Court should exercise its discretion to remit the matter back to the FWC for review and determination, as requested by the plaintiff. This issue hinged on whether the FWC had the requisite jurisdiction and authority to entertain the dispute, considering the nature of the claims presented by Moore. Additionally, the court needed to determine if the dispute was appropriately categorised under the terms of the enterprise agreement and the NES.

The court deliberated on the appropriate jurisdiction and the scope of the FWC's authority, concluding that the FWC was indeed the appropriate body to review and determine the dispute. The Federal Court found that the FWC had the jurisdiction to address the claims as they fell squarely within the purview of the Fair Work Act 2009. The court emphasised that the FWC's role in resolving enterprise agreement disputes and NES-related issues was well established, and there were no impediments to the FWC's ability to handle the matter. Consequently, the court exercised its discretion to remit the dispute back to the FWC for further review and determination.

The final order of the court was to remit the matter back to the FWC for its review and determination, ensuring that the appropriate tribunal addressed the substantive issues raised by Daniel Moore concerning his employment conditions and the compliance of Ballarat Health Services with the enterprise agreement and the NES.

Daniel Moore v Ballarat Health Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established