Victorian Hospitals’ Industrial Association Summary

[2014] FWCA 266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2013/12001)

VICTORIAN EARLY PARENTING CENTRES (HEALTH AND ALLIED SERVICES, MANAGERS AND ADMINISTRATIVE OFFICERS) ENTERPRISE AGREEMENT 2011-2015

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 10 JANUARY 2014

Application for approval of the Victorian Early Parenting Centres (Health and Allied Services, Managers and Administrative Officers) Enterprise Agreement 2011-2015.

[1] On 16 December 2013 the Victorian Hospitals’ Industrial Association (Applicant) made an application for approval of the Victorian Early Parenting Centres (Health and Allied Services, Managers and Administrative Officers) Enterprise Agreement 2011-2015 (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 Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Health Services Union Victorian Branch, 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.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 17 January 2014. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Hospitals’ Industrial Association sought approval for the Victorian Early Parenting Centres (Health and Allied Services, Managers and Administrative Officers) Enterprise Agreement 2011-2015. The applicant sought to have the agreement registered with the Fair Work Commission under section 233 of the Fair Work Act 2009. The dispute arose between the association, representing employers, and the Health Services Union of Australia, representing employees. The Fair Work Commission heard the matter and issued a decision.

The court had to decide whether the agreement complied with the relevant provisions of the Fair Work Act. This included ensuring that the agreement met the requirements of the "better off overall test" and that it was not contrary to public policy. The court also had to consider whether the agreement was in the interests of the employees and whether it provided for fair and reasonable terms and conditions of employment.

The court found that the agreement met the requirements of the Act. It was concluded that the agreement was not contrary to public policy and provided for fair and reasonable terms and conditions of employment. The court determined that the agreement was in the interests of the employees and that they would be better off overall with the agreement in place. The application for approval was granted, and the agreement was registered.

The Fair Work Commission approved the Victorian Early Parenting Centres (Health and Allied Services, Managers and Administrative Officers) Enterprise Agreement 2011-2015. The court found that the agreement complied with the requirements of the Fair Work Act and was in the best interests of the employees. The agreement was registered, and the application for approval was granted.

Victorian Hospitals’ Industrial Association

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established