Victorian Health Promotion Foundation (VicHealth) Summary

[2014] FWCA 8250

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

Victorian Health Promotion Foundation (VicHealth)
(AG2014/7987)

VICTORIAN HEALTH PROMOTION FOUNDATION (VICHEALTH) ENTERPRISE AGREEMENT 2014

State and Territory government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 19 NOVEMBER 2014

Application for approval of the Victorian Health Promotion Foundation (VicHealth) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Health Promotion Foundation (VicHealth) Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Victorian Health Promotion Foundation (VicHealth). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2014. The nominal expiry date of the Agreement is 31 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Victorian Health Promotion Foundation, also known as VicHealth, and the Australian Services Union. The nature of the dispute was the application for approval of the Enterprise Agreement 2014. The case was heard in the Fair Work Commission, which is responsible for regulating enterprise agreements under the Fair Work Act 2009.

The legal issues the court was required to decide involved the validity of the Enterprise Agreement 2014 and whether it complied with the Fair Work Act. The court had to consider if the agreement provided for the terms and conditions of employment of employees of VicHealth and whether it met the requirements of the Act. The court also had to ensure that the agreement did not discriminate against any employee or group of employees and that it provided for a fair and reasonable method of resolving disputes between employees and the employer.

The court's reasoning and outcome were based on a detailed analysis of the Enterprise Agreement 2014. The court found that the agreement met the requirements of the Fair Work Act and provided for the terms and conditions of employment of employees of VicHealth. The court also found that the agreement did not discriminate against any employee or group of employees and that it provided for a fair and reasonable method of resolving disputes between employees and the employer. The court approved the Enterprise Agreement 2014, and it came into effect on 1 July 2014.

No further orders were made by the court. The approval of the Enterprise Agreement 2014 was the primary outcome of the case, and the agreement now governs the terms and conditions of employment of employees of VicHealth. The decision of the court provides certainty and stability for both employees and the employer, and it ensures that the agreement complies with the Fair Work Act.

Victorian Health Promotion Foundation (VicHealth)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established