Victorian Hospitals' Industrial Association

[2025] FWCA 233

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a multi-enterprise agreement

Victorian Hospitals' Industrial Association

(AG2024/4957)

BIOMEDICAL ENGINEERS (VICTORIAN PUBLIC SECTOR) (SINGLE INTEREST EMPLOYERS) ENTERPRISE AGREEMENT 2024-2028

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 21 JANUARY 2025

Application for approval of the Biomedical Engineers (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2024-2028

An application has been made for approval of an enterprise agreement known as the Biomedical Engineers (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2024-2028 (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 multi-enterprise agreement.

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.

The Association of Professionals Engineers, Scientists & Managers 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2025. The nominal expiry date of the Agreement is 31 July 2028.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the Biomedical Engineers (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2024-2028. The parties included the Victorian Hospitals' Industrial Association and the relevant public sector employers. The dispute centred on the terms and conditions of employment for biomedical engineers in the Victorian public sector, with the application seeking formal recognition of the proposed enterprise agreement.

The court was required to determine whether the proposed agreement met the necessary legal criteria for approval. This included assessing if the agreement was made in good faith, whether it adhered to the provisions of the relevant industrial legislation, and if it appropriately balanced the interests of both the employees and the employers. The court also needed to confirm that the agreement did not unfairly discriminate against any group of employees and was consistent with the overarching objectives of the industrial relations framework.

After reviewing the agreement and the submissions from both parties, the court found that the proposed enterprise agreement met all the required legal standards. The agreement was deemed to be made in good faith, was compliant with the relevant industrial legislation, and appropriately balanced the interests of the employees and employers. The court was satisfied that the agreement did not contain any discriminatory provisions and aligned with the broader goals of the industrial relations system. Consequently, the court approved the Biomedical Engineers (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2024-2028.

The final order of the court was to approve the enterprise agreement, which would now be formally recognised and enforceable between the biomedical engineers and the relevant public sector employers in Victoria. This decision provided certainty and stability to the terms and conditions of employment for the affected workers, ensuring that their rights and obligations were clearly defined and protected under the new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established