Victorian Hospitals’ Industrial Association

The Victorian Hospitals’ Industrial Association brought an application before the Fair Work Commission, seeking approval of the Health and Allied Services, Managers and Administrative Workers (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2021-2025. The dispute centred on the terms and conditions of employment for managers and administrative workers within the public health sector in Victoria. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing whether the agreement contained the necessary minimum terms and conditions as specified by the Fair Work Act. This included verifying that the agreement provided for a fair and reasonable safety net of entitlements and that it adhered to the procedural fairness requirements. The Commission also needed to consider whether the agreement met the genuine agreement test, ensuring it was not made under duress or as a result of misleading or deceptive conduct.

After thorough examination, the Commission found that the enterprise agreement met all the statutory requirements for approval. It provided for a fair and reasonable safety net of entitlements and was made without any duress or misleading conduct. The agreement was deemed to be genuinely negotiated between the employer and the employees' representatives. Consequently, the Commission approved the agreement, finding it to be compliant with all legislative standards.

The Commission issued an approval order for the Health and Allied Services, Managers and Administrative Workers (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2021-2025. This order formalised the agreement as a legally binding instrument governing the employment terms and conditions for the specified period. The decision provided clarity and certainty for the parties involved, ensuring that the agreement would be upheld in accordance with the Fair Work Act.