Victorian Hospitals’ Industrial Association

[2023] FWCA 3106

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association

(AG2023/3020)

PSYCHOLOGISTS, DIETITIANS, AUDIOLOGISTS AND PHARMACISTS (VICTORIAN STAND-ALONE COMMUNITY HEALTH SERVICES) ENTERPRISE AGREEMENT 2023-2026

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 25 SEPTEMBER 2023

Application for approval of the Psychologists, Dietitians, Audiologists and Pharmacists (Victorian Stand-Alone Community Health Services) Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Psychologists, Dietitians, Audiologists and Pharmacists (Victorian Stand-Alone Community Health Services) Enterprise Agreement 2023-2026 (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.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Health Services Union 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 2 October 2023. The nominal expiry date of the Agreement is 31 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application for the approval of the Psychologists, Dietitians, Audiologists, and Pharmacists (Victorian Stand-Alone Community Health Services) Enterprise Agreement 2023-2026, the applicant, the Victorian Hospitals’ Industrial Association, sought the court's approval of the enterprise agreement. The applicant argued that the agreement fairly reflected the terms of employment for the covered workers, which included hours of work, pay rates, leave entitlements, and other employment conditions. The court had to determine if the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement complied with the relevant statutory provisions. Specifically, the court had to assess if the agreement provided for minimum entitlements and if it was free from prohibited content. The court also needed to consider whether the agreement was genuinely negotiated and if it was in the best interests of the employees. These criteria were essential for the court to determine if the agreement could be certified and thus approved.

The court found that the enterprise agreement satisfied the statutory requirements for approval. The agreement contained provisions that met or exceeded the minimum entitlements prescribed by the Fair Work Act 2009. The court was satisfied that the agreement was free from prohibited content, such as clauses that undermined employees' rights. Additionally, the court found that the agreement was genuinely negotiated between the parties and was in the best interests of the employees, given the specific needs of the stand-alone community health services sector. Consequently, the court certified the enterprise agreement, allowing it to be registered and enforced.

The final orders of the court were to approve and certify the Psychologists, Dietitians, Audiologists, and Pharmacists (Victorian Stand-Alone Community Health Services) Enterprise Agreement 2023-2026, and to register the agreement under the Fair Work Act 2009. This decision enabled the agreement to be implemented, providing a stable and fair framework for the employment conditions of the covered workers within the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established