DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Victorian Hospitals' Industrial Association
(AG2020/4160)

NEERIM DISTRICT SOLDIER’S MEMORIAL HOSPITAL INC. ENTERPRISE AGREEMENT 2020

Aged care industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 24 FEBRUARY 2021

Application for approval of the Neerim District Soldier's Memorial Hospital Inc. Enterprise Agreement 2020.

[1] An application has been made by Victorian Hospitals’ Industrial Association (in its role as bargaining representative of Neerim District Soldier’s Memorial Hospital Inc.) for approval of a single enterprise agreement known as the Neerim District Soldier's Memorial Hospital Inc. Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Victorian Hospitals' Industrial Association sought to correct the original application, by filing an amended employer signature page. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representatives supported the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[7] The Health Services Union and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[8] The Agreement was approved on 24 February 2021 and, in accordance with s.54, will operate from 3 March 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

In the Fair Work Commission, the Victorian Hospitals' Industrial Association sought approval for the Neerim District Soldier's Memorial Hospital Inc. Enterprise Agreement 2020. The dispute arose from the negotiation of the agreement between the association and the hospital. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement satisfied the requirements for being a "modern award." Specifically, the Commission had to assess if the agreement covered all necessary minimum entitlements, included appropriate dispute resolution mechanisms, and was free from any unfair provisions. The Commission also had to consider whether the agreement had been genuinely negotiated between the parties and whether it had been appropriately certified by the relevant union.

In delivering its decision, the Commission found that the agreement comprehensively covered all the minimum entitlements stipulated under the Fair Work Act. It included suitable dispute resolution mechanisms and was free from unfair provisions. The Commission was satisfied that the agreement had been genuinely negotiated and appropriately certified. Consequently, the Commission approved the Neerim District Soldier's Memorial Hospital Inc. Enterprise Agreement 2020.

The Commission's final order was that the agreement be approved in its entirety. This approval means that the agreement will serve as a modern award for the employees covered by it, providing a legally binding framework for their employment conditions.

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