Victorian Hospitals’ Industrial Association Summary

[2022] FWCA 1295

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association

(AG2022/764)

Health and Allied Services, Managers and Administrative Workers (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2021-2025

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 APRIL 2022

Application for approval of the Health and Allied Services, Managers and Administrative Workers (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2021-2025.

An application has been made for approval of an enterprise agreement known as the Health and Allied Services, Managers and Administrative Workers (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2021-2025 (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.

I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Health Services 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 20 April 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Victorian Hospitals’ Industrial Association applied to the Fair Work Commission for 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 whether the agreement was fair and reasonable, and whether it complied with the relevant statutory provisions. The Commission held that the agreement was fair and reasonable and did comply with the statutory provisions.

The Commission considered whether the agreement provided for appropriate processes for addressing workplace issues, whether it was consistent with the principles of enterprise bargaining and whether it complied with the relevant legislative requirements. The Commission found that the agreement provided for appropriate processes, was consistent with the principles of enterprise bargaining and complied with the relevant legislative requirements. The Commission also found that the agreement did not unfairly disadvantage any party and that it was not contrary to the public interest.

The Commission approved the agreement, stating that it was fair and reasonable, and complied with the relevant statutory provisions. The Commission further found that the agreement was consistent with the principles of enterprise bargaining and provided for appropriate processes for addressing workplace issues. The agreement was therefore approved in its entirety.

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