| [2022] FWCA 3918 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Victorian Hospitals’ Industrial Association
(AG2022/4524)
Dental Therapists, Dental Hygienists and Oral Health Therapists’ (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2022-2023
| Health and welfare services | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 8 NOVEMBER 2022 |
Application for approval of the Dental Therapists, Dental Hygienists and Oral Health Therapists’ (Victorian Public Sector)(Single Interest Employers) Enterprise Agreement 2022-2023
An application has been made for approval of an enterprise agreement known as the Dental Therapists, Dental Hygienists and Oral Health Therapists’ (Victorian Public Sector)(Single Interest Employers) 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 single enterprise agreement.
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 Community and Public Sector 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 15 November 2022. The nominal expiry date of the Agreement is 30 April 2023.
DEPUTY PRESIDENT
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- AGLC
- Victorian Hospitals’ Industrial Association [2022] FWCA 3918
- Case
- [2022] FWCA 3918
- Decision Date
CaseChat Overview and Summary
The key legal issues the court had to address were whether the agreement satisfied the requirements of the Fair Work Act and the Registered Organisations Act, particularly concerning the bargaining process, the terms and conditions, and the compliance with the Fair Work (Registered Organisations) Act. Specifically, the court needed to determine if the agreement was made in good faith, if it contained only matters that could be the subject of an enterprise agreement, and whether it complied with the ‘better off overall test’. The court also had to consider if the agreement was consistent with the national workplace relations system.
In its decision, the Fair Work Commission concluded that the agreement was made in good faith and contained terms and conditions that were procedurally and substantively fair. The Commission found that the agreement met the requirements of the Fair Work Act and the Registered Organisations Act, including the better off overall test. The Commission noted that the agreement provided for a structured bargaining process and contained terms and conditions that were reasonable in all the circumstances. The Commission also determined that the agreement was consistent with the national workplace relations system and did not undermine the system's objectives.
Accordingly, the Fair Work Commission approved the Dental Therapists, Dental Hygienists and Oral Health Therapists' (Victorian Public Sector)(Single Interest Employers) Enterprise Agreement 2022-2023. The agreement was registered and became effective as of the date of the Commission's decision. The approval of the agreement ensures that the employment terms and conditions of dental therapists, dental hygienists, and oral health therapists in the Victorian public sector are regulated by a legally binding and fair 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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