Victorian Hospitals’ Industrial Association

[2022] FWCA 3771

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association

(AG2022/4441)

Medical Specialists (Victorian Public Health Sector) (AMA Victoria/ASMOF) (Single Interest Employers) Enterprise Agreement 2022 – 2026

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 OCTOBER 2022

Application for approval of the Medical Specialists (Victorian Public Health Sector) (AMA Victoria/ASMOF) (Single Interest Employers) Enterprise Agreement 2022 – 2026.

An application has been made for approval of an enterprise agreement known as the Medical Specialists (Victorian Public Health Sector) (AMA Victoria/ASMOF) (Single Interest Employers) Enterprise Agreement 2022 – 2026 (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.

I note that clause 56.4(a)(i) may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Australian Salaried Medical Officers Federation 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 3 November 2022. The nominal expiry date of the Agreement is 28 February 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Victorian Hospitals’ Industrial Association sought approval of the Medical Specialists (Victorian Public Health Sector) (AMA Victoria/ASMOF) (Single Interest Employers) Enterprise Agreement 2022-2026. The agreement in question was made between the association and the Australian Medical Association and the Australian Society of Medical Oncology. The dispute arose as the association sought to formalise the terms and conditions of employment for medical specialists within the Victorian public health sector. The Fair Work Commission was called upon to determine the merits of the application.

The primary legal issue for the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement met the criteria for single interest employer bargaining, the process of which allows for a more streamlined approval process for agreements that are made between a single employer and a single interest union. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees it was intended to cover.

In reaching its decision, the Commission noted that the agreement was made in accordance with the single interest employer bargaining process and was, therefore, eligible for streamlined approval. The Commission also considered the terms of the agreement, including provisions related to remuneration, working conditions, and dispute resolution mechanisms. The Commission found that the agreement was fair and reasonable, and in the best interests of the employees it was intended to cover. The Commission approved the agreement, noting that it provided for a fair and reasonable outcome for all parties involved.

In approving the agreement, the Commission made orders that the agreement be registered and become a registered agreement under the Fair Work Act 2009. The agreement will now apply to medical specialists within the Victorian public health sector for the period of 2022 to 2026.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established