Sexual Health Victoria Inc

[2023] FWCA 56

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sexual Health Victoria Inc

(AG2022/5344)

SEXUAL HEALTH VICTORIA AND THE AUSTRALIAN MEDICAL ASSOCIATION VICTORIA ENTERPRISE AGREEMENT 2022

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 6 JANUARY 2023

Application for approval of the Sexual Health Victoria and the Australian Medical Association Victoria Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Sexual Health Victoria and the Australian Medical Association Victoria Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sexual Health Victoria Inc. The Agreement is a single enterprise agreement.

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.

The Australian Salaried Medical Officers Federation 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.

The Agreement was approved on 6 January 2023 and, in accordance with s.54, will operate from 13 January 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Sexual Health Victoria Inc, an organisation providing sexual health services, and the Australian Medical Association Victoria, representing the interests of doctors, applied for approval of the Sexual Health Victoria and the Australian Medical Association Victoria Enterprise Agreement 2022. The application was brought before the Commission to assess if the terms of the agreement met the legal requirements for approval under the Fair Work Act 2009. The central issue before the Commission was whether the terms of the enterprise agreement complied with the procedural and substantive requirements of the Act, including whether the agreement was genuinely negotiated and if it adhered to the safety net provisions.

The Commission carefully examined the evidence presented by both parties, including the negotiation process and the terms of the agreement. It assessed whether the agreement provided for minimum rates of pay and conditions, including any provisions for penalty rates, allowances, and other entitlements. The Commission also considered if the agreement included appropriate dispute resolution mechanisms and if it met the procedural requirements, such as the requirement for a majority vote in favour of the agreement. The Commission concluded that the agreement was genuinely negotiated and met all legal requirements for approval. It found that the agreement provided for minimum rates of pay and conditions, included appropriate dispute resolution mechanisms, and complied with the procedural requirements of the Act.

In light of the findings, the Commission approved the Sexual Health Victoria and the Australian Medical Association Victoria Enterprise Agreement 2022. This decision ensures that the terms of the agreement are legally binding on the parties and will govern the employment conditions of the covered employees. The approval of the agreement provides certainty and stability for both the organisation and its employees, facilitating the provision of essential sexual health services within the state.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established