Victorian Hospitals’ Industrial Association

[2014] FWCA 317

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2013/11780)

COMMUNITY HEALTH CENTRE (STAND ALONE SERVICES) SOCIAL AND COMMUNITY SERVICE EMPLOYEES MULTI ENTERPRISE AGREEMENT 2013-2015

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 13 JANUARY 2014

Application for approval of the Community Health Centre (Stand Alone Services) Social and Community Service Employees Multi Enterprise Agreement 2013-2015.

[1] On 28 November 2013 the Victorian Hospitals’ Industrial Association (Applicant) made an application for approval of the Community Health Centre (Stand Alone Services) Social and Community Service Employees Multi Enterprise Agreement 2013-2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a multi-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. The undertakings provide clarity in respect of pay rates for particular classifications of employees, and provide that where Agreement rates of pay fall below the minima in the modern award, inclusive of the equal remuneration order, an employee will be entitled to be paid the higher rate. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, the Australian Municipal, Administrative, Clerical and Services Union (ASU) indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The ASU, 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 20 January 2014. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Victorian Hospitals’ Industrial Association sought approval for the Community Health Centre (Stand Alone Services) Social and Community Service Employees Multi Enterprise Agreement 2013-2015. The Fair Work Commission (FWC) was tasked with assessing the agreement, which was made between the employer and the employees working in stand-alone community health centres across Victoria. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues that the FWC had to determine included whether the agreement was genuinely a product of bargaining between the parties, whether it was in writing, and whether it contained the necessary minimum terms and conditions as stipulated by the Act. Additionally, the FWC examined whether the agreement complied with the principles of good faith bargaining and whether it provided a fair and efficient way to resolve workplace issues.

In assessing these issues, the FWC found that the agreement was genuinely the product of bargaining between the parties, was in writing, and contained the necessary minimum terms and conditions. The FWC also concluded that the agreement was consistent with the principles of good faith bargaining and provided a fair and efficient way to resolve workplace issues. The FWC approved the agreement based on these findings, noting that it provided a comprehensive framework for the operation of stand-alone community health centres and addressed the specific needs of the employees and employers in this sector.

The FWC approved the agreement, allowing it to come into effect and bind the parties from the date of approval. The decision confirmed that the agreement met the statutory requirements for approval and provided a fair and effective means of resolving workplace issues in the community health sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established