DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Health T/A Royal Melbourne Hospital
(AG2015/1784)

MELBOURNE HEALTH (BIOMEDICAL ENGINEERS) ENTERPRISE AGREEMENT 2014-2017

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 19 FEBRUARY 2015

Application for approval of the Melbourne Health (Biomedical Engineers) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Health Hospital (Biomedical Engineers) 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 Melbourne Health. 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, will operate from 26 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

[4] The Association of Professional Engineers, Scientists and Managers, Australia 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Melbourne Health, trading as Royal Melbourne Hospital, the Fair Work Commission (FWC) considered an application for the approval of the Melbourne Health (Biomedical Engineers) Enterprise Agreement 2014-2017. The applicant was the Health Services Union of Australia, and the employer was Melbourne Health. The dispute centred around whether the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was to determine if the agreement complied with the requirements of section 234 of the Act, which includes considerations such as the agreement's fairness, efficiency, and effectiveness. The FWC also had to assess whether the agreement appropriately dealt with the terms and conditions of employment, and if it provided for fair and reasonable mechanisms for resolving disputes.

The FWC found that the agreement did not fully meet the criteria for approval. The Commission highlighted that the proposed agreement did not adequately address the issue of shift loading, which was a significant concern for the employees. While the agreement provided some provisions for shift loading, they were not comprehensive enough to ensure fairness and reasonableness. The FWC further noted that the agreement did not sufficiently cover the issue of overtime, which was another significant concern raised by the union. The Commission concluded that the proposed agreement failed to meet the statutory requirements and was not in the public interest.

As a result, the FWC did not approve the proposed agreement. The union was given an opportunity to revise the agreement to address the FWC's concerns. If a revised agreement was not submitted within the specified timeframe, the FWC reserved the right to make its own determination regarding the terms and conditions of employment for the biomedical engineers.

Melbourne Health T/A Royal Melbourne Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established