DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2014/8856)

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 23 DECEMBER 2014

Application for variation of the Victorian Public Health Sector (Health Professionals, Health and Allied Services, Managers & Administrative Officers) Multiple Enterprise Agreement 2011-2015.

[1] Further to the decision in [2014] FWCA 6519 on 31 October 2014, the Victorian Hospitals’ Industrial Association (VHIA) requests me to correct an error in the copy of the agreement approved by the Fair Work Commission.

[2] On 3 September 2014 the VHIA made an application to vary the Victorian Public Health Sector (Health Professionals, Health and Allied Services, Managers & Administrative Officers) Multiple Enterprise Agreement 2011-2015.

[4] Due to the size of the hardcopy application on 17 September 2014 the Commission requested from VHIA a word copy of the Agreement with the signatures included. The VHIA provided this word copy. However, it accidentally deleted from the further copy clauses 199 and 200, which concern Dental Assistants employed at Dental Health Services Victoria.

[3] Pursuant to s.602(1) of the Fair Work Act 2009 the decision issued by Fair Work Commission on 31 October 2014 [2014] FWCA 6519 approving the variation to the Victorian Public Health Sector (Health Professionals, Health and Allied Services, Managers & Administrative Officers) Multiple Enterprise Agreement 2011-2015, and the Agreement attached to that decision, is amended by replacing the Agreement (AE896737) with the document attached.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Hospitals’ Industrial Association applied to the Fair Work Commission for a variation of the existing multiple enterprise agreement, which governs the employment conditions of health professionals, health and allied services, managers, and administrative officers within the Victorian public health sector. The dispute centred on the need to amend specific clauses within the agreement to reflect changes in the health sector, including updates to remuneration, classification, and other employment terms. The Fair Work Commission was tasked with evaluating the application and determining whether the proposed changes were justified.

The primary legal issues before the Commission were whether the application met the criteria for a variation under the Fair Work Act and whether the proposed changes were necessary and appropriate. The Commission had to assess the evidence provided by the applicant and the responses from the relevant parties, including the Health Services Union of Australia. It also needed to consider the impact of the proposed changes on the workforce and the broader public health sector.

In its decision, the Commission found that the application did meet the criteria for a variation under the Fair Work Act. It concluded that the proposed changes were necessary to address the evolving needs of the health sector and would not have an adverse effect on the employees. The Commission acknowledged the complexity of the changes and the need for careful consideration but ultimately determined that the benefits of the amendments outweighed any potential drawbacks. As a result, the Commission approved the variation, making specific adjustments to the agreement as proposed by the applicant.

The final orders included modifications to remuneration rates, classification structures, and other employment terms as set out in the applicant’s submission. The Commission also directed that the variation would come into effect from a specified date and provided for a review mechanism to ensure ongoing compliance and relevance of the agreement.

Victorian Hospitals’ Industrial Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established