DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Hospitals Contribution Fund of Australia Ltd T/A HCF
(AG2019/3165)

HCF DENTAL CENTRES ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 26 SEPTEMBER 2019

Application for approval of the HCF Dental Centres Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the HCF Dental Centres Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by The Hospitals Contribution Fund of Australia Ltd T/A HCF. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Hospitals Contribution Fund of Australia Limited, trading as HCF, applied for approval of the HCF Dental Centres Enterprise Agreement 2019. The application was heard in the Fair Work Commission (FWC) by Deputy President Rimmer. The applicants were HCF, represented by Mr. Murphy, and the respondents, the Dental Officers Association and the Health Professionals and Officer’s Association, represented by Ms. O’Brien and Mr. Williams respectively. The dispute involved the terms and conditions of employment for dental officers and dental assistants employed by HCF.

The primary legal issue was whether the agreement met the criteria for approval under section 233 of the Fair Work Act 2009. The FWC had to consider if the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay and other entitlements. The FWC also examined the process by which the agreement was made, ensuring it was not made under duress or coercion, and that it was genuinely agreed upon by the parties involved.

Deputy President Rimmer concluded that the agreement met the statutory requirements for approval. The agreement contained provisions for pay rates, leave entitlements, and other working conditions that were deemed fair and reasonable. The Deputy President found that the agreement was made without any undue pressure or coercion, and that both parties had genuinely negotiated the terms. The Deputy President further found that the agreement provided for the resolution of any future disputes, ensuring that it was a comprehensive and effective enterprise agreement.

The final orders of the FWC were that the HCF Dental Centres Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered on the date of the FWC’s decision and would then apply to the employees covered by the agreement. This decision provided clarity and certainty for both the applicants and the respondents, ensuring that the terms of employment were legally sound and compliant with the statutory framework.

The Hospitals Contribution Fund of Australia Ltd T/A HCF

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established