Victorian Hospitals’ Industrial Association

[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.

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the Victorian Hospitals’ Industrial Association sought a variation of the Victorian Public Health Sector (Health Professionals, Health and Allied Services, Managers & Administrative Officers) Multiple Enterprise Agreement 2011-2015. The application aimed to address concerns regarding the classification of certain roles within the health sector, specifically focusing on the impact of recent changes in the healthcare environment on employee entitlements and working conditions.

The primary legal issues before the Commission were whether the proposed variations to the agreement were necessary and appropriate, considering the evolving nature of the health sector. The Commission needed to assess if the changes were fair and reasonable, taking into account the interests of both employers and employees. Additionally, the Commission had to determine if the variations complied with relevant statutory requirements and industrial relations principles.

After reviewing the submissions from both parties and considering the evidence presented, the Commission determined that the proposed variations were justified. The changes were deemed necessary to reflect the current demands and realities of the health sector, ensuring that employee classifications and entitlements were aligned with the evolving job roles and responsibilities. The Commission found that the variations were fair and reasonable, and they complied with the statutory requirements and industrial relations principles. Consequently, the Commission approved the variations to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established