| [2022] FWCA 4377 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Victorian Hospitals’ Industrial Association
(AG2022/4818)
Community Health Centre (Stand Alone Services) Social and Community Service Employees Multi Enterprise Agreement 2022
| Health and welfare services | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 13 DECEMBER 2022 |
Application for approval of the Community Health Centre (Stand Alone Services) Social and Community Service Employees Multi Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Community Health Centre (Stand Alone Services) Social and Community Service Employees Multi Enterprise Agreement 2022 (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 Australian Municipal, Administrative, Clerical and Services Union and the Health Services Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2022. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE518537 PR748833>
Annexure A
- AGLC
- Victorian Hospitals’ Industrial Association [2022] FWCA 4377
- Case
- [2022] FWCA 4377
- Decision Date
CaseChat Overview and Summary
The central legal issues before the commission included whether the agreement adequately addressed the bargaining requirements under the Fair Work Act 2009, and if it contained provisions that were fair and reasonable for both parties. The commission needed to ensure that the agreement was made in good faith and was not contrary to public policy. Additionally, it had to consider whether the agreement provided for adequate dispute resolution mechanisms and whether it complied with minimum wage and other employment standards.
In reaching its decision, the commission examined the detailed provisions of the agreement, the bargaining process, and the interests of both employers and employees. The commission concluded that the agreement was fair and reasonable, meeting all statutory requirements for approval. It found that the bargaining process was conducted in good faith and that the agreement contained adequate provisions for dispute resolution and compliance with minimum employment standards. The commission determined that the agreement was not contrary to public policy and would benefit the employees by providing them with fair terms and conditions of employment.
The commission approved the Community Health Centre (Stand Alone Services) Social and Community Service Employees Multi Enterprise Agreement 2022. This approval means that the agreement can now be implemented, providing the employees with the terms and conditions set out in the agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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