Victorian Hospitals’ Industrial Association

[2014] FWCA 2717

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2014/5650)

VICTORIAN STAND-ALONE COMMUNITY HEALTH CENTRES (DENTAL THERAPISTS, DENTAL HYGIENISTS AND ORAL HEALTH THERAPISTS’) ENTERPRISE AGREEMENT 2013-2017

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 24 APRIL 2014

Application for approval of the Victorian Stand-Alone Community Health Centres (Dental Therapists, Dental Hygienists and Oral Health Therapists’) Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Stand-Alone Community Health Centres (Dental Therapists, Dental Hygienists and Oral Health Therapists’) Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victorian Hospitals’ Industrial Association (VHIA). 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 1 May 2014. The nominal expiry date of the Agreement is 31 May 2017.

[4] The agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205 of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The 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), 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 made an application for approval of a proposed enterprise agreement, the Victorian Stand-Alone Community Health Centres (Dental Therapists, Dental Hygienists and Oral Health Therapists’) Enterprise Agreement 2013-2017. The dispute was heard by the Fair Work Commission, the relevant body responsible for the approval of enterprise agreements in Australia. The association sought approval of the agreement which aimed to regulate the terms and conditions of employment for dental therapists, dental hygienists, and oral health therapists employed by stand-alone community health centres in Victoria.

The central legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees it covered. Specifically, the Commission needed to consider whether the agreement was fairly negotiated, free from any form of coercion, and whether it provided for the safety, health, and welfare of employees. Additionally, the Commission needed to ensure that the agreement complied with the Fair Work (Registered Organisations) Act 2009, which governs the registration of organisations that can negotiate on behalf of employees.

The Fair Work Commission found that the agreement was fairly negotiated and met all the statutory requirements for approval. The Commission considered that the association had demonstrated that the agreement had been negotiated in good faith and without any form of coercion. The Commission was satisfied that the agreement provided for the safety, health, and welfare of the employees and was in their best interests. The Commission also found that the agreement was consistent with the objectives of the Fair Work Act 2009 and did not contain any provisions that would be detrimental to the employees.

Consequently, the Fair Work Commission approved the Victorian Stand-Alone Community Health Centres (Dental Therapists, Dental Hygienists and Oral Health Therapists’) Enterprise Agreement 2013-2017. The agreement was registered on the date of the decision and became a legally binding contract between the employer and employees covered by the agreement. The decision serves as a reminder of the importance of ensuring that enterprise agreements are negotiated fairly and provide for the safety, health, and welfare of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established