Victorian Hospitals’ Industrial Association

[2013] FWC 7164

[2013] FWC 7164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.248—Single interest employer authorisation

Victorian Hospitals’ Industrial Association
(B2013/1239)

COMMISSIONER GREGORY MELBOURNE, 18 SEPTEMBER 2013

Application for single interest employer authorisation.

[1] The Victorian Hospitals Industrial Association has made application for a Single Interest Employer Authorisation under section 248 of the Fair Work Act 2009 (Cth) (the Act). The application is made in relation to a proposed Enterprise Agreement to be known as the AMA Victoria – Victorian Public Sector - Medical Specialists (Single Interest Employers) Enterprise Agreement 2012 – 2016.

[2] The application sets out the Employers intended to be covered by the proposed Agreement, being Employers involved in the provision of public health services in the Victorian public health sector. Those same Employers are specified in a Declaration made by the Minister under section 247 of the Act.

[3] The application also specifies the group of Employees who will be covered by the proposed Agreement. They are Medical Specialists involved in the provision of public health services and employed by the named Employers.

[4] It is also understood that the Victorian Hospitals Industrial Association have been nominated by the Employers to make application if an authorisation is made.

[5] Having considered the terms of the application and the submissions made by the parties in the proceedings I am satisfied the Employers intended to be covered by the proposed Agreement have agreed to bargain together. I am also satisfied no person has coerced, or threatened to coerce, any of those Employers to bargain in this way.

[6] I am also satisfied, as the Act requires, that the Employers specified in the application are also the Employers specified in the declaration made by the Minister on 26 August 2013 under section 247 of the Act.

[7] In addition, an application for a Single Interest Employer Authorisation has clearly also been made.

[8] The Act provides that I must, in such circumstances, make the Single Interest Employer Authorisation in relation to the proposed Enterprise Agreement (s.249). I accordingly make the Authorisation in relation to the proposed AMA Victoria – Victorian Specialists (Single Interest Employers) Enterprise Agreement 2012 – 2016. The Authorisation comes into effect from the date of this decision. An order giving effect to this decision will also be issued.

Appearances:

A Djoneff on behalf of the Victorian Hospitals’ Industrial Association.

R Felmingham on behalf of AMA and the Australian Salaried Medical Officers Federation.

Hearing details:

2013.

Melbourne:

18 September.

Printed by authority of the Commonwealth Government Printer

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