Victorian Health Promotion Foundation (VicHealth)

[2022] FWCA 1282

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victorian Health Promotion Foundation (VicHealth)

(AG2022/694)

Victorian Health Promotion Foundation (VicHealth) Enterprise Agreement 2021

State and Territory government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 APRIL 2022

Application for the approval of the Victorian Health Promotion Foundation (VicHealth) Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Victorian Health Promotion Foundation (VicHealth) Enterprise Agreement 2021 (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 (VicHealth). 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.

I note that Clause 47.4 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 8.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2022. The nominal expiry date of the Agreement is 31 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Victorian Health Promotion Foundation (VicHealth) applied for the approval of the Victorian Health Promotion Foundation (VicHealth) Enterprise Agreement 2021. The dispute arose from negotiations between VicHealth and the relevant trade unions concerning the terms and conditions of employment for VicHealth employees. The Commission was tasked with determining whether the agreement met the statutory requirements for approval and whether it complied with the provisions of the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing whether the agreement adhered to the formal requirements for enterprise agreements, including whether it contained the prescribed minimum terms and conditions, whether it was made in good faith, and whether it was free from prohibited content. Additionally, the Commission had to consider whether the agreement provided for a fair and efficient workplace, taking into account the interests of both employees and employers.

The Commission found that the agreement satisfied the formal requirements for an enterprise agreement, including the inclusion of the prescribed minimum terms and conditions. The Commission also concluded that the agreement was made in good faith and did not contain any prohibited content. The Commission further determined that the agreement provided for a fair and efficient workplace, balancing the interests of both employees and employers. Consequently, the Commission approved the agreement.

The Commission's decision to approve the Victorian Health Promotion Foundation (VicHealth) Enterprise Agreement 2021 reflects its determination that the agreement met all statutory requirements and provided for a fair and efficient workplace. The Commission's decision provides clarity and certainty for both VicHealth and its employees regarding the terms and conditions of employment moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established