Victorian Hospitals’ Industrial Association Summary

[2013] FWCA 3062

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2013/6129)

VICTORIAN PUBLIC HEALTH SECTOR (MEDICAL SCIENTISTS, PHARMACISTS AND PSYCHOLOGISTS) ENTERPRISE AGREEMENT 2012-2016

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 15 MAY 2013

Application for approval of the Victorian Public Health Sector (Medical Scientists, Pharmacists and Psychologists) Enterprise Agreement 2012-2016.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Public Health Sector (Medical Scientists, Pharmacists and Psychologists) 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 22 May 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 lodged an application with the Fair Work Commission for approval of the Victorian Public Health Sector (Medical Scientists, Pharmacists and Psychologists) Enterprise Agreement 2012-2016. The application was opposed by the Australian Medical Association (Victorian Branch). The Fair Work Commission was required to determine whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions concerning pay and conditions.

The Commission identified that the enterprise agreement contained provisions that appeared to provide for rates of pay and conditions of employment that were not consistent with the Fair Work Act. Specifically, the agreement included provisions that could result in employees being paid less than the applicable minimum rates of pay and conditions set out in the relevant awards. The Commission held that these provisions were not consistent with the Act and could not be approved. The Commission also noted that the agreement contained a number of other provisions that were inconsistent with the Act, including provisions that could result in employees being required to work more hours than permitted by the relevant awards.

The application was dismissed. The Commission held that the enterprise agreement did not meet the requirements of the Act and could not be approved. The Commission further held that the agreement contained a number of other provisions that were inconsistent with the Act and could not be approved. The agreement was therefore not approved.

Victorian Hospitals’ Industrial Association

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established