Victorian Hospitals' Industrial Association

[2024] FWCA 3694

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association

(AG2024/3661)

VICTORIAN PUBLIC HEALTH SECTOR (GENERAL DENTISTS’) (SINGLE INTEREST EMPLOYERS) ENTERPRISE AGREEMENT 2024-2028.

Health and welfare services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 8 NOVEMBER 2024

Application for approval of the Victorian Public Health Sector (General Dentists’) (Single Interest Employers) Enterprise Agreement 2024-2028

An application has been made for approval of an enterprise agreement known as the Victorian Public Health Sector (General Dentists’) (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 the Victorian Hospitals’ Industrial Association. The Agreement is a multi-enterprise agreement. I note that a Single Interest Employer Order was issued by Deputy President Wright on 24 November 2023.[1]

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023. The Agreement was made after 6 June 2023.

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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2024. The nominal expiry date of the Agreement is 31 December 2027.

DEPUTY PRESIDENT

[1] Albury Wodonga Health and Others [2023] FWC 3099, PR768645; PR768646.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Hospitals' Industrial Association applied to the Fair Work Commission for the approval of the Victorian Public Health Sector (General Dentists’) (Single Interest Employers) Enterprise Agreement 2024-2028. The dispute involved the terms and conditions of employment for general dentists in the Victorian public health sector, specifically the provisions of the proposed enterprise agreement. The case was heard by the Fair Work Commission, which has the authority to approve, reject, or make modifications to enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission were primarily focused on whether the proposed agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees. The Commission had to consider the bargaining process, the fairness of the agreement, and whether the agreement contained terms that were unfair or otherwise not in the best interests of the employees. Additionally, the Commission examined whether the agreement met the procedural requirements for approval as stipulated in the Act.

In its decision, the Fair Work Commission found that the proposed agreement was generally fair and met the requirements of the Act. The Commission acknowledged that the agreement had been negotiated in good faith and contained provisions that were beneficial to the employees. However, the Commission made several modifications to the agreement to address concerns about certain provisions that it deemed potentially unfair or not in the best interests of the employees. These modifications included adjustments to the terms of parental leave and the process for resolving disputes. After these modifications, the Commission approved the agreement, finding that it was fair and met the statutory criteria for approval.

The Fair Work Commission approved the Victorian Public Health Sector (General Dentists’) (Single Interest Employers) Enterprise Agreement 2024-2028, with modifications to certain provisions. The Commission determined that the agreement, as modified, was fair and met the requirements of the Fair Work Act. The approved agreement now sets the terms and conditions of employment for general dentists in the Victorian public health sector for the period 2024 to 2028.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established