Victorian Hospitals’ Industrial Association
[2014] FWCA 6519
•31 OCTOBER 2014
[2014] FWCA 6519
The attached document replaces the document previously issued with the above code on Friday 31 October 2014.
A typographical error has been corrected in footnote 2.
Bronwyn Corless
Associate to the Honourable Reg Hamilton
Dated: 31 October 2014
| [2014] FWCA 6519 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.210—Enterprise agreement
Victorian Hospitals’ Industrial Association
(AG2014/8856)
Health and welfare services | |
DEPUTY PRESIDENT HAMILTON | MELBOURNE, 31 OCTOBER 2014 |
Application for variation of the Victorian Public Health Sector (Health Professionals, Health and Allied Services, Managers & Administrative Officers) Multiple Enterprise Agreement 2011-2015.
[1] On 3 September 2014 the Victorian Hospitals’ Industrial Association (VHIA) applied for approval of a variation to the Victorian Public Health Sector (Health Professionals, Health and Allied Services, Managers & Administrative Officers) Multiple Enterprise Agreement 2011-2015 (the agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). The history of this matter is somewhat complex and is summarised below.
History of the matter
[2] Firstly, the variations sought are set out in Attachment A. The variations are significant in number and affect the wages and classifications of employment.
[3] Secondly, after the application was made the VHIA sought to correct it in several respects. The corrections sought are set out in Attachment B. Two of the changes are significant. The VHIA submitted that “the changes are necessary to properly reflect the intention of the representatives and ensure there are no reductions in employees’ condition of employment that was not communicated to employees” 1.
[4] Thirdly, these corrections are given effect in the undertakings set out in Attachment C.
[5] Fourthly, the VHIA prepared a consolidated agreement which includes the variations, sought, the undertakings, and also the variations made in another decision of the Commission 2. The consolidated agreement is attached to this decision.
Decision
[6] The Health Services Union (Victorian Health Professionals Association branch) and The Health Services Union (Victoria No 1 Branch, known as Health Workers Union) gave notice that they agree with the VHIA’s declaration.
[7] I accept the undertakings pursuant to s.212 of the Act. Pursuant to s.215 I note that the undertakings are taken to be a term of the agreement. The undertakings are Attachment C to this decision.
[8] I am satisfied that the relevant requirements of s.210, s.211 and s.212 of the Act concerning this application for approval have been met. I approve the variations sought.
[9] The application is approved. In accordance with s.216 of the Act the variation will operate from the date of this decision. The nominal expiry date of the Agreement is 31 December 2015.
DEPUTY PRESIDENT
Hearing details:
2014
Melbourne
31 October
1 Covering letter from the VHIA (undated) addressed Dear Melbourne Registry Team, received on 5 September 2014 following the application for variation.
2 Incorporating variations in [2014] FWCA 1924.
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