Health Grouping

The Victorian Hospitals’ Industrial Association (VHIA) applied to terminate several State reference public sector transitional awards, while the Health Services Union of Australia (HSU) applied to create a new State reference public sector modern award, the Health Professionals, Medical Scientists and Support Services (Victoria) State Reference Public Sector Award 2018. The VHIA and HSU had agreed on the content of the new award, but the VHIA wished to terminate the Hospital Specialists and Medical Administrators Award. The Full Bench of the Fair Work Commission considered the applications and determined that the new award would be made and the other awards would be terminated. The new award will replace the existing transitional awards upon its commencement, the date of which will be specified in a subsequent order. Matters AM2013/33, AM2013/34 and AM2013/37 will be discontinued upon the new award's commencement. Consideration of the application to terminate the Hospital Specialists and Medical Administrators Award will be deferred until the conclusion of the State Reference Public Sector Modernisation proceedings. The Full Bench will make the Health Award with one minor variation to avoid ambiguity in the definition of "standard rate."

The Fair Work Commission was required to determine whether the proposed Health Award was consistent with the modern awards objective and the minimum wages objective, and whether the Hospital Specialists and Medical Administrators Award should be terminated. The Commission considered the applications, the submissions of the parties, and the relevant legislation. The Commission found that the proposed Health Award was consistent with the modern awards objective and the minimum wages objective, and that the other awards should be terminated. The Full Bench decided to make the Health Award with one minor variation to the definition of "standard rate." The Full Bench deferred consideration of the application to terminate the Hospital Specialists and Medical Administrators Award until the conclusion of the State Reference Public Sector Modernisation proceedings.

The Health Professionals, Medical Scientists and Support Services (Victoria) State Reference Public Sector Award 2018 is made. The awards that it replaces will terminate on the operative date of the Health Award, which will be specified in the order. The respective parties have agreed that matters AM2013/33, AM2013/34 and AM2013/37 will be discontinued when the order making the Health Award comes into effect. Consideration of the application to terminate the Hospital Specialists and Medical Administrators Award will be deferred until the conclusion of the State Reference Public Sector Modernisation proceedings. The Full Bench will make the Health Award with one minor variation to avoid ambiguity in the definition of "standard rate." An order giving effect to the decision will be issued once the terms of the Health Award are finalised.