Victorian Hospitals’ Industrial Association

[2013] FWCA 6660

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2013/8720)

PUBLIC COMMUNITY HEALTH SECTOR ENTERPRISE AGREEMENT 2012-2016

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 5 SEPTEMBER 2013

Application for approval of the Public Community Health Sector Enterprise Agreement 2012-2016.

[1] An application has been made for approval of an enterprise agreement known as the Public Community Health Sector Enterprise Agreement 2012-2016 (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 12 September 2013. The nominal expiry date of the Agreement is 31 October 2016.

[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 Public Community Health Sector Enterprise Agreement 2012-2016. The matter was heard in the Fair Work Commission. The association sought to have the agreement approved as a certified agreement, and the Fair Work Commission was required to determine whether the agreement met the necessary criteria for approval.

The legal issues that the Fair Work Commission had to decide included whether the agreement provided for the efficient determination of employment terms and conditions, and whether it included provisions for good faith bargaining and the resolution of disputes. The commission also had to consider whether the agreement met the requirements of the Fair Work Act 2009, including the need for the agreement to promote harmonious, productive and cooperative workplace relations. The Fair Work Commission examined the provisions of the agreement and considered submissions from the parties involved.

In its decision, the Fair Work Commission found that the agreement met the necessary criteria for approval. The commission determined that the agreement provided for the efficient determination of employment terms and conditions and included provisions for good faith bargaining and the resolution of disputes. The commission also found that the agreement met the requirements of the Fair Work Act 2009 and promoted harmonious, productive and cooperative workplace relations. The agreement was approved as a certified agreement, and the Fair Work Commission made an order to that effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established