Victorian Hospitals’ Industrial Association Summary

[2022] FWCA 3493

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association

(AG2022/3714)

Victorian Institute of Forensic Mental Health Services Enterprise Agreement 2020-2024

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 OCTOBER 2022

Application for approval of the Victorian Institute of Forensic Mental Health Services Enterprise Agreement 2020-2024.

An application has been made for approval of an enterprise agreement known as the Victorian Institute of Forensic Mental Health Services Enterprise Agreement 2020-2024 (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 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 Australian Nursing and Midwifery Federation 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 these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Victorian Hospitals' Industrial Association applied for approval of the Victorian Institute of Forensic Mental Health Services Enterprise Agreement 2020-2024. The application was heard in the Fair Work Commission. The applicants sought to have the enterprise agreement, which was negotiated between the Association and the Institute, approved as a modern award. The employer argued that the agreement should not be approved as it did not comply with certain provisions of the Fair Work Act 2009.

The primary issue before the Commission was whether the enterprise agreement complied with the requirements of the Act. In particular, the employer argued that the agreement did not adequately address the issue of employee entitlements and conditions in the event of a system-wide emergency or disaster. The employer also argued that the agreement did not provide for an adequate process for resolving disputes between the parties.

The Commission found that the enterprise agreement did not adequately address the issue of employee entitlements and conditions in the event of a system-wide emergency or disaster. The Commission also found that the agreement did not provide for an adequate process for resolving disputes between the parties. However, the Commission noted that the parties had made efforts to negotiate in good faith and that the agreement contained provisions that were broadly consistent with the relevant modern award. The Commission ultimately decided to approve the agreement, with some modifications to address the issues identified. These modifications included the addition of provisions relating to employee entitlements and conditions in the event of a system-wide emergency or disaster, and the establishment of a process for resolving disputes between the parties.

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