DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2021/4206)

ALLIED HEALTH PROFESSIONALS (VICTORIAN PUBLIC SECTOR) (SINGLE INTEREST EMPLOYERS) ENTERPRISE AGREEMENT 2020-2021

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 11 MAY 2021

Application for approval of the Allied Health Professionals (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020-2021.

[1] Victorian Hospitals’ Industrial Association (the Applicant) has made an application for approval of an enterprise agreement known as the Allied Health Professionals (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Applicant, 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.

[4] I observe that clauses 59.2, 25.8 and 24.4 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Victorian Allied Health Professionals Association (VAHPA), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 11 May 2021 and, in accordance with s 54, will operate from 18 May 2021. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Victorian Hospitals’ Industrial Association to approve the Allied Health Professionals (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020-2021. The application was brought in accordance with section 234 of the Fair Work Act 2009. The dispute centred on whether the proposed enterprise agreement met the criteria for approval under the Act, including fairness and benefit to the employees involved.

The Commission needed to determine if the agreement was fair and whether it provided benefits to the employees, particularly focusing on aspects such as wages, conditions, and other employment terms. Additionally, the Commission assessed whether the agreement was appropriately negotiated and if it complied with the relevant provisions of the Fair Work Act. The fairness test included a consideration of the balance of the agreement, the nature of the bargaining, and the impact on the employees' rights and interests.

After examining the submissions and evidence presented by the parties, the Commission concluded that the proposed agreement was fair and reasonable. The agreement addressed the needs of the employees while balancing the interests of the employers. The Commission found that the agreement met the statutory requirements and provided a fair outcome for all parties. Consequently, the Fair Work Commission approved the enterprise agreement, providing certainty and stability to the employment relationship under the terms set forth in the agreement.

Victorian Hospitals’ Industrial Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established