DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Latrobe Community Health Service Limited T/A Latrobe Community Health Service
(AG2016/1321)

VICTORIAN COMMUNITY HEALTH SECTOR (GENERAL DENTISTS) LATROBE COMMUNITY HEALTH SERVICE ENTERPRISE AGREEMENT 2014-2017

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 7 JULY 2016

Application for approval of the Victorian Community Health Sector (General Dentists) Latrobe Community Health Service Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Community Health Sector (General Dentists) Latrobe Community Health Service Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Latrobe Community Health Service Limited T/A Latrobe Community Health Service. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 7 July 2016 and, in accordance with s.54, will operate from 14 July 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Latrobe Community Health Service Limited, trading as Latrobe Community Health Service, sought approval of the Victorian Community Health Sector (General Dentists) Latrobe Community Health Service Enterprise Agreement 2014-2017 in the Fair Work Commission. The applicant's case was that the agreement contained all the necessary provisions to warrant approval under the Fair Work Act 2009. The employer argued that the agreement was fairly negotiated and contained terms and conditions of employment that were reasonable in all the circumstances.

The Commission was required to determine whether the agreement was fairly negotiated and contained terms and conditions of employment that were reasonable in all the circumstances. The Commission considered the process by which the agreement was negotiated, the terms of the agreement, and whether the agreement was consistent with the relevant award and the national employment standards. The Commission found that the agreement was fairly negotiated and contained terms and conditions of employment that were reasonable in all the circumstances.

The Fair Work Commission approved the agreement. The Commission noted that the agreement contained provisions that were consistent with the relevant award and the national employment standards. The Commission was satisfied that the agreement was fairly negotiated and contained terms and conditions of employment that were reasonable in all the circumstances. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

Latrobe Community Health Service Limited T/A Latrobe Community Health Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established