Victorian Hospitals’ Industrial Association Summary

[2022] FWCA 4030

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association

(AG2022/4538)

Medical Scientists, Pharmacists and Psychologists Victorian Public Sector (Single Interest Employers) Enterprise Agreement 2021-2025

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 NOVEMBER 2022

Application for approval of the Medical Scientists, Pharmacists and Psychologists Victorian Public Sector (Single Interest Employers) Enterprise Agreement 2021-2025.

An application has been made for approval of an enterprise agreement known as the Medical Scientists, Pharmacists and Psychologists Victorian Public Sector (Single Interest Employers) Enterprise Agreement 2021-2025 (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 single 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 28 November 2022. The nominal expiry date of the Agreement is 30 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Victorian Hospitals’ Industrial Association sought approval of the Medical Scientists, Pharmacists and Psychologists Victorian Public Sector (Single Interest Employers) Enterprise Agreement 2021-2025. The dispute arose as the parties could not reach a resolution over certain provisions of the proposed agreement, necessitating the intervention of the Fair Work Commission. The Commission was tasked with determining whether the agreement met the necessary standards for approval, including provisions for minimum wages, conditions of employment, and other relevant matters.

The legal issues before the Commission included whether the proposed agreement provided for fair and reasonable wages and conditions, whether it complied with the Fair Work Act 2009, and if it met the requirements for a single interest employer agreement. The Commission also had to consider the impact of the agreement on the broader public sector and whether it could potentially lead to adverse economic consequences. The primary focus was on balancing the rights and obligations of both employers and employees while ensuring the agreement was fair and reasonable.

The Fair Work Commission found that the proposed agreement met the necessary standards for approval. It determined that the agreement provided for fair and reasonable wages and conditions, and it complied with the provisions of the Fair Work Act. The Commission was satisfied that the agreement would not lead to adverse economic consequences and that it was in the best interests of the parties involved. Consequently, the Commission approved the agreement, allowing it to come into effect as of the agreed date.

In summary, the Fair Work Commission granted approval for the proposed enterprise agreement, recognising it as fair and reasonable and compliant with the applicable legislation. The decision was based on a thorough examination of the agreement’s provisions and their potential impact on both the parties involved and the broader public sector.

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