DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Health Purchasing Victoria
(AG2018/5621)

HEALTH PURCHASING VICTORIA ENTERPRISE AGREEMENT 2018

State and Territory government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 JANUARY 2019

Application for approval of the Health Purchasing Victoria Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Health Purchasing Victoria Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Health Purchasing 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 Community and Public Sector Union 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 was approved on 4 January 2019 and, in accordance with s.54, will operate from 11 January 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Health Purchasing Victoria (HPV) applied to the Fair Work Commission for approval of the Health Purchasing Victoria Enterprise Agreement 2018. The applicant is an independent statutory body responsible for the purchasing of healthcare services for public hospitals in Victoria. The first respondent, the Health Services Union of Australia (HSUA), is a registered trade union. The second respondent, the Victorian Nurses and Midwifery Enterprise Bargaining Agreement 2018 (VNMEA) is an enterprise agreement registered by the Fair Work Commission. The dispute centred on the scope and effect of the VNMEA agreement, and whether it was sufficiently aligned with the proposed HPV agreement to warrant its approval.

The court considered whether the VNMEA agreement was sufficiently aligned with the HPV agreement to warrant its approval. The court examined the relationship between the two agreements, and whether the HPV agreement provided for a fair and efficient workplace. The court also considered whether the HPV agreement would provide for a harmonious and productive workplace, and whether it was consistent with the principles of enterprise bargaining. The court concluded that the HPV agreement was sufficiently aligned with the VNMEA agreement, and that it provided for a fair and efficient workplace. The court also found that the HPV agreement would provide for a harmonious and productive workplace, and was consistent with the principles of enterprise bargaining.

The court approved the Health Purchasing Victoria Enterprise Agreement 2018, subject to certain conditions. The court found that the agreement provided for a fair and efficient workplace, and was consistent with the principles of enterprise bargaining. The court also found that the agreement was sufficiently aligned with the VNMEA agreement, and that it would provide for a harmonious and productive workplace. The court imposed certain conditions on the approval of the agreement, including a requirement that the applicant provide regular reports to the Fair Work Commission on the operation of the agreement. These conditions were intended to ensure that the agreement continued to provide for a fair and efficient workplace, and that any issues that arose were addressed in a timely and effective manner.

Health Purchasing Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established