DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Inner South Community Health Service; Nillumbik Community Health Service; North Richmond Community Health Centre; Inspiro
(AG2014/10814)

VICTORIAN STAND-ALONE COMMUNITY HEALTH CENTRES (DENTAL THERAPISTS, DENTAL HYGIENISTS AND ORAL HEALTH THERAPISTS') ENTERPRISE AGREEMENT 2013-2017 (NO.2)

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 2 APRIL 2015

Application for approval of the Victorian Stand-Alone Community Health Centres (Dental Therapist, Dental Hygienist and Oral Health Therapists) enterprise Agreement 2013-2017 (No.2).

[1] On 12 December 2014 The Victorian Hospitals’ Association (Applicant) made an application for approval of the Victorian Stand-Alone Community Health Centres (Dental Therapists, Dental Hygienists and Oral Health Therapists’) Enterprise Agreement 2013-2017 (No.2) (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a multi-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Community and Public Sector Union (Vic), 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 9 April 2015. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, being Inner South Community Health Service, Nillumbik Community Health Service, North Richmond Community Health Centre, and Inspiro, sought approval from the Fair Work Commission for the Victorian Stand-Alone Community Health Centres (Dental Therapist, Dental Hygienist and Oral Health Therapists) Enterprise Agreement 2013-2017 (No.2). The applicants were seeking to have the agreement approved as a safety net agreement under section 231 of the Fair Work Act 2009. The respondents, including various unions, contested the application, raising concerns about the agreement's provisions.

The primary legal issues the court had to address were whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether it provided fair and reasonable terms for the employees. The court needed to consider the provisions of the agreement, the impact on the employees, and whether the agreement met the safety net provisions of the Act. The court also had to assess whether the agreement complied with the general protections provisions of the Act.

The Fair Work Commission found that the agreement met the criteria for approval and provided fair and reasonable terms for the employees. The court noted that the agreement provided for a comprehensive set of terms and conditions that covered a wide range of employment issues. The court also found that the agreement provided for appropriate mechanisms for the resolution of disputes and provided for adequate protections for employees. The court concluded that the agreement was consistent with the safety net provisions of the Act and provided for fair and reasonable terms for the employees.

The Fair Work Commission approved the agreement, subject to certain modifications, and directed that the agreement be registered with the Commission. The court also ordered that the agreement be published in the Commonwealth Gazette and that notice of the approval be given to the parties and their employees.

Inner South Community Health Service; Nillumbik Community Health Service; North Richmond Community Health Centre; Inspiro

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established