Health Purchasing Victoria

[2013] FWCA 10035

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Health Purchasing Victoria
(AG2013/11794)

HEALTH PURCHASING VICTORIA ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 19 DECEMBER 2013

Application for approval of the Health Purchasing Victoria Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Health Purchasing Victoria Enterprise Agreement 2013 (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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2013. The nominal expiry date of the Agreement is 30 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Health Purchasing Victoria Enterprise Agreement 2013. The application was brought by the Health Purchasing Victoria (HPV), an entity established under the Health Services Act 1988 (Vic) and the Health Services (Health Purchasing) Act 1995 (Vic). The dispute arose from the negotiations between HPV and the relevant union representatives concerning the terms and conditions of employment for certain employees. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 (Cth).

The primary legal issue before the Commission was whether the agreement complied with the statutory criteria for approval as set out in the Fair Work Act. Specifically, the Commission needed to consider whether the agreement was made in good faith and whether it was in the best interests of the employees it covered. Additionally, the Commission had to examine whether the agreement provided for a fair and reasonable outcome for all parties involved, including the employees, HPV, and the relevant unions. The Commission also needed to ensure that the agreement did not have an adverse effect on the operation of the public health system in Victoria.

In determining whether the agreement met the statutory criteria for approval, the Commission considered the various submissions and evidence presented by the parties. The Commission noted that the agreement had been negotiated in good faith and that it provided for a fair and reasonable outcome for the employees, HPV, and the relevant unions. The Commission was satisfied that the agreement did not have an adverse effect on the operation of the public health system in Victoria. As a result, the Commission found that the agreement met the statutory requirements for approval and granted approval of the Health Purchasing Victoria Enterprise Agreement 2013. The Commission also made an order that the agreement would commence on 1 July 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established