Victorian Hospitals' Industrial Association

[2013] FWCA 9997

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Victorian Hospitals' Industrial Association
(AG2013/12025)

VICTORIAN PUBLIC HEALTH SECTOR MAINTENANCE MULTI-EMPLOYER AGREEMENT 2013-2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 19 DECEMBER 2013

Application for approval of the Victorian Public Health Sector Maintenance Multi-Employer Agreement 2013-2016.

[1] On 17 December 2013 the Victorian Hospitals’ Industrial Association (Applicant) made an application for approval of the Victorian Public Health Sector Maintenance Multi-Employer Agreement 2013-2016 (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 following employee organisations are bargaining representatives for the Agreement:

● Australian Manufacturing Workers Union;

● Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division;

● Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical Division; and

● Construction, Forestry, Mining and Energy Union.

[5] Each employee organisation listed above 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 these organisations.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 26 December 2013. The nominal expiry date of the Agreement is 30 November 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Victorian Public Health Sector Maintenance Multi-Employer Agreement 2013-2016, the Victorian Hospitals' Industrial Association applied for approval under the Fair Work Act 2009. The respondent to the application was the Fair Work Commission, which was required to determine whether the agreement met the criteria for multi-employer agreement approval. The dispute centred on whether the agreement sufficiently promoted the objects of the Fair Work Act, including by providing for appropriate mechanisms for the resolution of disputes between employers and employees.

The court was required to consider whether the agreement was fair and reasonable, and whether it provided for appropriate mechanisms for the resolution of disputes. This involved an assessment of the agreement's provisions and the evidence presented by the parties, including the views of the employees and employers involved. The court also had to consider whether the agreement was consistent with the Fair Work Act's objects, including by promoting high levels of employment, economic prosperity, and social inclusion.

The Fair Work Commission found that the agreement met the criteria for approval under the Fair Work Act. It considered that the agreement provided for appropriate mechanisms for the resolution of disputes, including through the establishment of a dispute resolution committee and the provision of a dispute resolution process. The Commission also found that the agreement was consistent with the objects of the Fair Work Act, and that it would promote high levels of employment, economic prosperity, and social inclusion. The agreement was therefore approved, subject to certain conditions and modifications.

The Fair Work Commission approved the Victorian Public Health Sector Maintenance Multi-Employer Agreement 2013-2016, subject to certain conditions and modifications. The agreement was found to be fair and reasonable, and to provide for appropriate mechanisms for the resolution of disputes. The Commission also found that the agreement was consistent with the objects of the Fair Work Act, and that it would promote high levels of employment, economic prosperity, and social inclusion. The approval of the agreement was therefore upheld, with the conditions and modifications to be implemented as specified by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established