Victorian Hospitals’ Industrial Association
[2022] FWCA 1987
•17 JUNE 2022
| [2022] FWCA 1987 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Victorian Hospitals’ Industrial Association
(AG2022/1243)
Victorian Public Mental Health Services Enterprise Agreement 2020-2024
| Health and welfare services | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 17 JUNE 2022 |
Application for approval of the Victorian Public Mental Health Services Enterprise Agreement 2020-2024
The Victorian Hospitals’ Industrial Association (VHIA) has made an application for approval of an enterprise agreement known as the Victorian Public Mental Health Services Enterprise Agreement 2020-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The VHIA has requested that the Commission exercise the discretion available to it under s 586(a) of the Act to allow a correction or amendment to the proposed Agreement. The correction involves an amendment to pay rates for Grade 2 (Year 1 to 4) UG1 Health Professionals and the pay rate for the classification of Level 3 Year 3 Experience Worker. The VHIA submits that the pay rates for the Grade 2 (Year 1 to 4) UG1 Health Professionals and for Level 3 Year 3 Experience Worker classification from the first pay period after 1 July 2024 contained in the Agreement were incorrect and did not reflect the rates of pay agreed to by the parties.
I am satisfied that it is appropriate for the Commission to exercise the discretion available to it to correct the Agreement in the manner proposed on the basis that the correction is administrative in nature only, and simply to ensure the Agreement accurately reflects what was agreed to and approved by the parties and the employees who voted to approve the Agreement.
The VHIA has provided a revised copy of the Agreement that contains the amended pay rates. It will now be published on the Commission’s website.
The VHIA has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by VHIA, 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 both given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.
The Agreement was approved on 17 June 2022 and, in accordance with s 54, will operate from 24 June 2022. The nominal expiry date of the Agreement is 31 December 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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