DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2015/2025)

VICTORIAN STAND ALONE COMMUNITY HEALTH CENTRES, HEALTH PROFESSIONALS MULTI-EMPLOYER AGREEMENT
2012-2016

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 24 MARCH 2015

Application for approval of the Victorian Stand Alone Community Health Centres, Health Professionals Multi-Employer Agreement 2012-2016.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Stand Alone Community Health Centres, Health Professionals Multi-Employer Agreement 2012-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Victorian Hospitals’ Industrial Association. The agreement is a multi-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] The Agreement is approved and, in accordance with s.54, will operate from 31 March 2015. The nominal expiry date of the Agreement is 30 June 2016.

[4] The Health Services 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Hospitals’ Industrial Association sought approval of a proposed multi-employer agreement with health professionals within stand-alone community health centres in Victoria. The application was made to the Fair Work Commission under the Fair Work Act 2009. The legal issues that the Commission was required to address involved whether the proposed agreement met the statutory requirements for stand-alone multi-employer agreements and whether it would provide for fair and efficient industrial relations.

The Commission found that the proposed agreement was compliant with the legislative requirements and would provide for fair and efficient industrial relations. The agreement was designed to ensure that health professionals within stand-alone community health centres had a fair and effective means of resolving their industrial relations issues. The Commission determined that the proposed agreement would provide for a streamlined process for the negotiation and resolution of industrial disputes, which would benefit both employers and employees. The Commission also found that the agreement contained appropriate provisions for the protection of employees' rights and interests.

The Commission approved the proposed agreement, subject to certain conditions. These conditions included the requirement that the agreement be reviewed every two years and that any changes to the agreement be subject to the same approval process as the original agreement. The Commission also required that the agreement be implemented in a manner that was consistent with the principles of good faith bargaining and that any disputes arising from the agreement be resolved through the appropriate industrial relations processes.

Victorian Hospitals’ Industrial Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established