Victorian Hospitals’ Industrial Association

[2014] FWCA 2722

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2014/5651)

VICTORIAN PUBLIC HEALTH SECTOR (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 Public Health Sector (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 Public Health Sector (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 matter before the court involved the Victorian Hospitals’ Industrial Association, which was seeking approval for the Victorian Public Health Sector (Dental Therapists, Dental Hygienists and Oral Health Therapists’) Enterprise Agreement 2013-2017. The decision was handed down in the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary concern was whether the agreement adequately provided for the employees' terms and conditions of employment, including pay rates, working conditions, and other employment-related matters.

The court had to decide if the agreement complied with the provisions of the Fair Work Act, particularly whether it was in the public interest and met the requirements for being a simple, fair, and efficient workplace agreement. The court also needed to consider whether the agreement provided for the employees' rights and obligations, including any changes to their employment conditions and whether these changes were fair and reasonable. Furthermore, the court had to ensure that the agreement did not negatively impact the employees' ability to access essential services or result in adverse economic consequences for the hospitals involved.

The court found that the agreement met the necessary criteria for approval under the Fair Work Act. It determined that the agreement provided for the employees' terms and conditions of employment in a fair and reasonable manner, and that it was in the public interest. The court also concluded that the agreement did not have any adverse economic consequences for the hospitals and did not negatively impact the employees' ability to access essential services. As a result, the court approved the agreement, ensuring that it would be in effect for the specified period. The final orders confirmed the approval of the agreement, allowing it to be implemented and enforced within the Victorian public health sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established