Victorian Hospitals’ Industrial Association

[2013] FWCA 9241

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2013/11457)

MALLACOOTA DISTRICT HEALTH AND SUPPORT SERVICE INC (HEALTH AND ALLIED SERVICES, MANAGERS AND ADMINISTRATIVE OFFICERS) ENTERPRISE AGREEMENT 2011-2015

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 22 NOVEMBER 2013

Application for approval of the Mallacoota District Health and Support Service Inc (Health and Allied Services, Managers and Administrative Staff) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Mallacoota District Health and Support Service Inc (Health and Allied Services, Managers and Administrative Staff) Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 29 November 2013. The nominal expiry date of the Agreement is 31 December 2015.

[4] The Health Services Union of Australia 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 made an application for the approval of the Mallacoota District Health and Support Service Inc (Health and Allied Services, Managers and Administrative Staff) Enterprise Agreement 2011-2015 before the Fair Work Commission. The application was made under section 234 of the Fair Work Act 2009, which allows the Commission to approve an enterprise agreement if it is satisfied that the agreement provides for fair and reasonable terms and conditions of employment. The respondents to the application were the employer, Mallacoota District Health and Support Service Inc, and the employees covered by the agreement.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment and whether the agreement met the requirements of the Fair Work Act. The Commission considered whether the agreement provided for appropriate mechanisms for resolving disputes between the employer and employees, whether the agreement provided for appropriate provisions for the protection of employees' health and safety, and whether the agreement provided for appropriate provisions for the protection of employees' rights and entitlements.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and met the requirements of the Fair Work Act. The Commission noted that the agreement provided for appropriate mechanisms for resolving disputes between the employer and employees, including a provision for the appointment of a conciliator to assist in resolving disputes. The Commission also noted that the agreement provided for appropriate provisions for the protection of employees' health and safety, including provisions for the provision of appropriate training and equipment. Finally, the Commission noted that the agreement provided for appropriate provisions for the protection of employees' rights and entitlements, including provisions for the payment of overtime and public holidays.

The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included the removal of certain provisions that were inconsistent with the Act and the addition of provisions to ensure compliance with the Act in relation to the payment of overtime and public holidays. The employer and employees were required to comply with the modified agreement, which became binding on them from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established