Victorian Hospitals’ Industrial Association

[2014] FWCA 317

[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

<Price code J, AE406357  PR546752>

ANNEXURE A