Dental Health Services Victoria Summary

[2013] FWCA 9866

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dental Health Services Victoria
(AG2013/11614)

SPECIALISTS DENTISTS’ AND SPECIALISTS DENTISTS’ IN TRAINING DENTAL HEALTH SERVICES VICTORIA ENTERPRISE AGREEMENT 2013 - 2017

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 16 DECEMBER 2013

Application for approval of the Specialists Dentists’ and Specialists Dentists’ in Training Dental Health Services Victoria Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Specialists Dentists’ and Specialists Dentists’ in Training Dental Health Services Victoria Enterprise Agreement 2013 - 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 Dental Health Services Victoria. The agreement is a single enterprise agreement.

[2] I accept the undertaking attached to this decision which has been given by the employer.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2013. The nominal expiry date of the Agreement is 31 May 2017.

DEPUTY PRESIDENT

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dental Health Services Victoria (DHSV) applied to the Fair Work Commission for approval of the Specialists Dentists’ and Specialists Dentists’ in Training Dental Health Services Victoria Enterprise Agreement 2013 - 2017. DHSV is the employer of the applicants, the Dental Practitioners' Union of Victoria (DPUV) is the union for the employees, and the Australian Dental Association Victoria Branch Inc. (ADA) is a union representing some of the employees. The application was opposed by the ADA. The dispute concerned the validity and scope of the agreement, including issues such as the classification of employees and the terms and conditions of employment.

The legal issues the court needed to decide were whether the agreement met the requirements of the Fair Work Act 2009, including the need for the agreement to be in writing, the provisions to be fair and reasonable, and the process by which the agreement was formed. The court also needed to determine the scope of the agreement, including which employees were covered by the agreement and whether the classification of employees was accurate and appropriate.

The Fair Work Commission found that the agreement was valid and met all the requirements of the Fair Work Act. The court noted that the agreement was in writing, was fair and reasonable, and was formed through a proper process. The court also found that the classification of employees was accurate and appropriate, and that the agreement covered all the employees it was intended to cover. The court rejected the ADA's argument that the agreement did not meet the requirements of the Fair Work Act, and approved the agreement.

The Fair Work Commission approved the Specialists Dentists’ and Specialists Dentists’ in Training Dental Health Services Victoria Enterprise Agreement 2013 - 2017, finding that it met all the requirements of the Fair Work Act. The agreement was in writing, was fair and reasonable, and was formed through a proper process. The classification of employees was accurate and appropriate, and the agreement covered all the employees it was intended to cover. The court rejected the ADA's argument that the agreement did not meet the requirements of the Fair Work Act.

Dental Health Services Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established