Victorian Hospitals' Industrial Association

[2025] FWCA 2033

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association

(AG2025/1674)

VICTORIAN STAND-ALONE COMMUNITY HEALTH (GENERAL DENTISTS’) ENTERPRISE AGREEMENT 2024-2028

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 19 JUNE 2025

Application for approval of the Victorian Stand-Alone Community Health (General Dentists’) Enterprise Agreement 2024-2028

An application has been made by Victorian Hospitals’ Industrial Association (VHIA) for approval of an enterprise agreement known as the Victorian Stand-Alone Community Health (General Dentists’) Enterprise Agreement 2024-2028 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a multi-enterprise agreement.

There is a minor discrepancy between the name of the Agreement and that which is specified in the Notice of Employee Representational Rights. I am satisfied, on the material before me, that this minor procedural or technical error was not likely to have disadvantaged the employees covered by the Agreement. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.

I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

I observe that the following clauses may be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:

Clause 1 of Appendix 2 provides circumstances where an employee may request a flexible working arrangement however appears to omit pregnancy as a reason (see
s 65(1A) of the Act).
Clause 26.4 of the Agreement provides grounds for refusal of an employee’s casual conversion request which may be more restrictive than those provided in the Act (see ss 66AAC(4) and (5) of the Act).
Clause 50.5 of the Agreement provides for substitution of public holidays by agreement. Section 115(3) of the Act provides that the substitution of a public holiday with another day only by agreement with an individual employee.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 26 June 2025. The nominal expiry date of the Agreement is 31 December 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Victorian Hospitals' Industrial Association sought approval for the Victorian Stand-Alone Community Health (General Dentists’) Enterprise Agreement 2024-2028. The association argued that the proposed agreement was fair and reasonable and complied with the relevant legislative requirements. The Fair Work Commission was required to assess whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Fair Work Commission was whether the agreement complied with the requirements for approval set out in the Fair Work Act. The association argued that the agreement was procedurally and substantively fair and reasonable, and complied with the Act. The Fair Work Commission considered the evidence and submissions from both parties, including expert evidence from both the association and the relevant union. The Commission also considered the principles of good faith bargaining and the need to achieve a fair and reasonable outcome for all parties.

The Fair Work Commission found that the agreement was procedurally and substantively fair and reasonable, and complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for a fair and reasonable outcome for both employers and employees, and that it was achieved through good faith bargaining. The Commission also noted that the agreement provided for a reasonable level of flexibility for employers, while also protecting the rights and interests of employees. The Fair Work Commission approved the agreement, subject to certain conditions and modifications.

The Fair Work Commission made orders approving the Victorian Stand-Alone Community Health (General Dentists’) Enterprise Agreement 2024-2028, subject to certain conditions and modifications. The Commission also made orders setting out the terms and conditions of the agreement, including the pay rates, hours of work, and other employment conditions for general dentists employed by the Victorian Hospitals' Industrial Association. The Commission noted that the agreement would come into effect on 1 July 2024, and that it would remain in force until 30 June 2028, unless terminated earlier in accordance with the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established