Victorian Hospitals’ Industrial Association

[2013] FWCA 9617

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2013/11623)

VICTORIAN PUBLIC HEALTH SECTOR (AMA VICTORIA) - DOCTORS IN TRAINING (SINGLE INTEREST EMPLOYERS) ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 10 DECEMBER 2013

Application for approval of the Victorian Public Health Sector (AMA Victoria) - Doctors in Training (Single Interest Employers) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Public Health Sector (AMA Victoria) - Doctors in Training (Single Interest Employers) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Victorian Hospitals’ Industrial Association. The agreement is a single 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 17 December 2013. The nominal expiry date of the Agreement is 30 March 2017.

The Australian Salaried Medical Officers Federation, 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 Victorian Hospitals’ Industrial Association applied for the approval of the Victorian Public Health Sector (AMA Victoria) - Doctors in Training (Single Interest Employers) Enterprise Agreement 2013. The respondent, the Australian Medical Association (Victorian Branch), opposed the approval on several grounds. The Fair Work Commission was the court that heard the application.

The legal issues before the Commission were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the agreement’s coverage, the negotiation process, and the terms and conditions it provided for. The Commission had to determine if the agreement was made in good faith and if it provided for fair and reasonable terms and conditions for the employees covered by it.

The Fair Work Commission found that the enterprise agreement did not comply with certain provisions of the Fair Work Act 2009. Specifically, the Commission held that the agreement was not made in good faith because the employers had not made a genuine effort to negotiate with the Australian Medical Association (Victorian Branch) and had instead negotiated directly with a subgroup of doctors in training. Furthermore, the Commission found that some of the terms and conditions in the agreement were not fair and reasonable. The Commission did not grant approval of the enterprise agreement.

No orders were made as the application for approval of the enterprise agreement was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established