DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monash Health
(AG2015/1789)

MONASH HEALTH (BIOMEDICAL ENGINEERS) ENTERPRISE AGREEMENT 2014-2017

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

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

[1] An application has been made for approval of an enterprise agreement known as the Monash Health (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 Monash 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

Monash Health brought an application for approval of the Biomedical Engineers Enterprise Agreement 2014-2017 before the Fair Work Commission. The application sought to have the proposed agreement registered under the Fair Work Act 2009. The dispute arose out of negotiations between Monash Health and the relevant union representatives for the biomedical engineers, who were seeking to have the terms of their employment codified in a new enterprise agreement. The crux of the matter before the Commission was whether the proposed agreement met the requirements set out in the Fair Work Act for approval and registration.

The key legal issues before the Commission were whether the proposed agreement contained all the mandated terms as specified in the Fair Work Act, and whether it had been genuinely negotiated between the parties. Additionally, the Commission needed to determine if the agreement was fair and reasonable, taking into account the needs of the employees, the operational requirements of Monash Health, and the broader economic context. The Commission also considered the extent to which the agreement complied with the statutory obligations and whether it adhered to the principles of good faith bargaining.

In reaching its decision, the Commission examined the contents of the proposed agreement and found that it included all the mandated terms and had been genuinely negotiated. The Commission determined that the agreement was fair and reasonable, taking into account the specific needs of the biomedical engineers, the operational requirements of Monash Health, and the broader economic environment. The Commission concluded that the agreement complied with the statutory obligations and adhered to the principles of good faith bargaining. As such, the Commission approved the agreement and ordered its registration under the Fair Work Act.

Monash Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established