DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victor Medical Service T/A Victor Medical Centre
(AG2017/4355)

VICTOR MEDICAL CENTRE HEALTH PROFESSIONALS AND SUPPORT SERVICES EMPLOYEES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 6 MARCH 2018

Application for approval of the Victor Medical Centre Health Professionals and Support Services Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Victor Medical Centre Health Professionals and Support Services Employees Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victor Medical Service T/A Victor Medical Centre. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Victor Medical Service T/A Victor Medical Centre recently appeared before the Fair Work Commission to seek approval of the Health Professionals and Support Services Employees Enterprise Agreement 2017. The dispute centred around whether the agreement met the requirements under the Fair Work Act 2009, specifically regarding the provisions for employee entitlements and procedural fairness. The Commission was tasked with examining whether the agreement complied with the Fair Work (Registered Organisations) Act 2009 and whether it provided for the lawful, reasonable and necessary terms and conditions for the employees covered by the agreement.

The primary legal issues before the Commission involved the interpretation of the Fair Work Act and the assessment of whether the enterprise agreement contained provisions that were contrary to the public interest or not genuinely an enterprise agreement. The Commission had to scrutinise the agreement's compliance with procedural fairness and the requirements for genuine bargaining. Additionally, the court needed to determine if the agreement adequately covered essential matters and if it allowed for proper dispute resolution mechanisms.

After thorough examination, the Commission found that the Health Professionals and Support Services Employees Enterprise Agreement 2017 was compliant with the Fair Work Act and did not contravene any provisions of the Act. The agreement was deemed to have been genuinely agreed upon by the relevant parties and contained lawful and reasonable terms and conditions. The Commission concluded that the agreement was not contrary to the public interest and provided for the necessary terms and conditions for the employees. Consequently, the Commission approved the agreement, ensuring it would be registered and enforceable under the Fair Work Act.

Victor Medical Service T/A Victor Medical Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established