Victorian Hospitals’ Industrial Association

[2022] FWCA 521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association

(AG2021/9369)

Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) EnterpriseAgreement 2020-2024

Health and welfare services
DEPUTY PRESIDENT DEAN	CANBERRA, 16 FEBRUARY 2022

Application for approval of the Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020-2024.

An application has been made for approval of an enterprise agreement known as the Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) 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 (VHIA). 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.

The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, 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 the organisations.

The Agreement contained a cross referencing error at clause 57.3. The VHIA sought to correct the error and filed an amended Agreement page. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2022. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Hospitals’ Industrial Association sought approval of the Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020-2024 in the Fair Work Commission. The applicants argued that the agreement was suitable for registration under the Fair Work Act 2009, meeting all the necessary criteria and conditions. The matter was heard by the Commission, tasked with determining whether the agreement met the legal standards for approval.

The primary legal issues the Commission had to resolve were whether the agreement was a genuine enterprise agreement and whether it complied with all statutory requirements. The Commission needed to consider the process by which the agreement was negotiated, the scope of the bargaining, the nature of the agreement, and whether it met the mandatory minimum terms and conditions outlined in the Fair Work Act. Additionally, the Commission assessed whether the agreement was in the best interests of the employees it covered.

The Commission found that the agreement was genuinely negotiated and represented the interests of the employees involved. The process adhered to the requirements set forth by the Fair Work Act, and the content of the agreement met all statutory minimum standards. The Commission determined that the agreement was fair and appropriate for registration, as it balanced the needs of both the employers and the employees effectively. The Commission's decision was that the agreement should be approved and registered.

Consequently, the Fair Work Commission approved the Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020-2024, determining that it met all legal requirements for registration. This decision provides clarity and certainty for the involved parties, ensuring that the agreement would be legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established