Victorian Hospitals’ Industrial Association

[2013] FWCA 9210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2013/11453)

MACEDON RANGES HEALTH (HEALTH AND ALLIED SERVICES, MANAGERS AND ADMINISTRATIVE OFFICERS) ENTERPRISE AGREEMENT 2011-2015

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 21 NOVEMBER 2013

Application for approval of the Macedon Ranges Health (Health and Allied Services, Managers and Administrative Officers) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Macedon Ranges Health (Health and Allied Services, Managers and Administrative Officers) 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 28 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 brought an application before the Fair Work Commission for the approval of the Macedon Ranges Health (Health and Allied Services, Managers and Administrative Officers) Enterprise Agreement 2011-2015. The respondent to the application was the Macedon Ranges Health Service. The agreement sought to set out the terms and conditions of employment for the relevant employees for the period from 2011 to 2015. The agreement included provisions relating to wages, hours of work, leave entitlements, and other conditions of employment.

The legal issues that the Commission was required to decide related to whether the agreement was "better off overall" for the employees covered by the agreement and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission considered whether the agreement provided for a fair and reasonable outcome for the employees, whether it provided for a reasonable balance between the interests of the employees and the employer, and whether it complied with the "no disadvantage" test.

The Commission found that the agreement was better off overall for the employees and that it complied with the relevant provisions of the Fair Work Act. The Commission found that the agreement provided for a fair and reasonable outcome for the employees, that it provided for a reasonable balance between the interests of the employees and the employer, and that it did not result in any employee being worse off overall. The Commission also found that the agreement complied with the "no disadvantage" test, as it did not result in any employee being disadvantaged compared to their previous terms and conditions of employment.

The Commission approved the agreement, and the Macedon Ranges Health (Health and Allied Services, Managers and Administrative Officers) Enterprise Agreement 2011-2015 was registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established