DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Health Promotion Foundation T/A VicHealth
(AG2017/5405)

VICTORIAN HEALTH PROMOTION FOUNDATION (VICHEALTH) ENTERPRISE AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 FEBRUARY 2018

Application for approval of the Victorian Health Promotion Foundation (VicHealth) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Health Promotion Foundation (VicHealth) 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 Victorian Health Promotion Foundation T/A VicHealth. 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] 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.

[4] The copy of the agreement voted on by employees contained a draft watermark, a commentary note on the first page and the words ‘Draft V4.0’ in the footer of the document. Pursuant to s.586(a) of the Act, the error is corrected in the published agreement.

[5] The CPSU, the Community and Public Sector Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2018. The nominal expiry date of the Agreement is 31 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Victorian Health Promotion Foundation, trading as VicHealth, applied for the approval of the Enterprise Agreement 2017. The agreement in question was negotiated between VicHealth and the Health Services Union of Australia (HSU), which represents the employees. The primary dispute centred around whether the agreement adequately reflected the terms and conditions of employment for VicHealth's workforce, in line with the requirements of the Fair Work Act 2009.

The legal issues the Commission had to address included whether the agreement provided for appropriate minimum rates of pay and conditions, ensured procedural fairness in its negotiation, and included necessary dispute resolution processes. Additionally, the Commission had to verify that the agreement met the 'better off overall test', ensuring that employees were not disadvantaged by the agreement compared to their previous conditions.

Upon reviewing the agreement, the Commission found that the proposed terms were fair and reasonable, and that the negotiation process adhered to the procedural fairness standards. The Commission also determined that the agreement satisfied the better off overall test and would not result in any employee being worse off. Consequently, the Commission approved the Enterprise Agreement 2017. The approval ensures that the agreement remains legally binding and enforceable, providing a stable framework for the employment conditions of VicHealth's employees.

Victorian Health Promotion Foundation T/A VicHealth

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established