DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diabetes Australia – Victoria T/A Diabetes Victoria
(AG2018/809)

DIABETES VICTORIA AND MEDICAL SCIENTISTS ASSOCIATION OF VICTORIA ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 12 JUNE 2018

Application for approval of the Diabetes Victoria and Medical Scientists Association of Victoria Enterprise agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Diabetes Victoria and Medical Scientists Association of Victoria Enterprise agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Diabetes Australia – Victoria T/A Diabetes Victoria. 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 Health Services Union of 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Diabetes Australia – Victoria, trading as Diabetes Victoria, sought approval of an enterprise agreement with the Medical Scientists Association of Victoria. The application was heard by the Fair Work Commission. The primary legal issue the Commission had to address was whether the agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement dealt with the employees' terms and conditions of employment and whether it was made in good faith and without the coercion of any party.

The Commission examined the agreement's provisions, including those relating to wages, working conditions, and dispute resolution. It considered whether the agreement was procedurally fair and whether it provided for adequate protections for employees. The Commission also assessed the parties' conduct during the negotiation process to ensure that it was conducted in good faith. Ultimately, the Commission found that the agreement was fair and met all the necessary criteria for approval. The Commission approved the enterprise agreement, noting that it provided a reasonable balance between the interests of the employer and the employees.

The Commission's decision provides guidance for future enterprise agreements in the health sector and highlights the importance of ensuring that agreements are made in good faith and provide adequate protections for employees. The approval of this agreement sets a precedent for similar agreements in the sector, ensuring that employees have fair and reasonable terms and conditions of employment.

Diabetes Australia – Victoria T/A Diabetes Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established