DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Children’s Hospital
(AG2015/1775)

ROYAL CHILDREN’S HOSPITAL (BIOMEDICAL ENGINEERS) ENTERPRISE AGREEMENT 2014-2017

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 17 FEBRUARY 2015

Application for approval of the Royal Children’s Hospital (Biomedical Engineers) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Royal Children’s 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 the Royal Children’s Hospital. 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 24 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

The matter before the Fair Work Commission involved an application by the Royal Children’s Hospital for approval of the Biomedical Engineers Enterprise Agreement 2014-2017. The Biomedical Engineers Association, representing the employees, did not oppose the application, but raised concerns about the potential impact on employees’ pay and conditions. The Fair Work Commission was tasked with assessing whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the proposed agreement complied with the procedural and substantive requirements set out in the Fair Work Act. This included ensuring that the agreement had been genuinely negotiated between the parties, and that it met the ‘better off overall test’ by not disadvantaging employees in terms of pay and conditions compared to the applicable award or previous agreement. The Commission also considered whether the agreement contained appropriate dispute resolution mechanisms.

The Fair Work Commission found that the agreement had been genuinely negotiated and met the better off overall test. The Commission noted that while some employees might experience minor reductions in pay and conditions, these were outweighed by the benefits of the agreement, including improved job security and better working conditions. The Commission also found that the dispute resolution mechanisms in the agreement were appropriate. Consequently, the Commission approved the Biomedical Engineers Enterprise Agreement 2014-2017.

The Commission’s decision was made final, with the approved agreement set to take effect from the specified commencement date. This outcome provided the hospital and its biomedical engineers with a clear and approved framework for their employment relationship over the specified period.

Royal Children’s Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established