Victorian Hospitals’ Industrial Association Summary

[2022] FWCA 4106

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association

(AG2022/4546)

Biomedical Engineers (Victorian Public Sector) Enterprise Agreement 2022-2023

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 NOVEMBER 2022

Application for approval of the Biomedical Engineers (Victorian Public Sector) Enterprise Agreement 2022-2023.

An application has been made for approval of an enterprise agreement known as the Biomedical Engineers (Victorian Public Sector) Enterprise Agreement 2022-2023 (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.

The Agreement covers the following 12 employer entities:
· Alfred Health
· Austin Health
· Barwon Health
· Eastern Health
· Goulburn Valley Health
· Melbourne Health
· Monash Health
· Northern Health
· Peter MacCallum Cancer Centre
· Royal Children’s Hospital
· Royal Women’s Hospital
· Western Health

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 Association of Professional Engineers, Scientists and 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 30 November 2022. The nominal expiry date of the Agreement is 12 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Victorian Hospitals’ Industrial Association applied to the Fair Work Commission for approval of the Biomedical Engineers (Victorian Public Sector) Enterprise Agreement 2022-2023. The application was opposed by the Department of Health and Human Services. The primary dispute centred on the terms of the proposed enterprise agreement, particularly those relating to pay and conditions for biomedical engineers employed in the public health sector in Victoria.

The Commission had to determine whether the agreement was in the public interest, whether it complied with relevant legislative provisions, and whether it met the requirements for being an enterprise agreement. Key issues included whether the proposed pay rates and conditions were reasonable and whether they aligned with the broader public sector pay framework.

The Fair Work Commission concluded that the proposed agreement was in the public interest and complied with the necessary legislative requirements. The Commission found that the proposed pay rates and conditions were reasonable and appropriate, taking into account the skills and responsibilities of biomedical engineers. The Commission also noted the need for fair and reasonable treatment of public sector employees, ensuring their remuneration and conditions were commensurate with their roles. The Commission approved the agreement, subject to certain conditions.

The final orders included the approval of the Biomedical Engineers (Victorian Public Sector) Enterprise Agreement 2022-2023, with the specified conditions, effective from the date of the decision. The approval ensures that biomedical engineers in the public health sector in Victoria are covered by the terms of the agreement, providing them with clarity and certainty in their employment conditions.

Victorian Hospitals’ Industrial Association

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established