DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2020/1377)

LYNDOCH LIVING ALLIED HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2018 - 2022

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 31 JULY 2020

Application for approval of the Lyndoch Living Allied Health Professionals Enterprise Agreement 2018 - 2022.

[1] The Victorian Hospitals’ Industrial Association has made an application for approval of an enterprise agreement known as the Lyndoch Living Allied Health Professionals Enterprise Agreement 2018 - 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement at clause 3.5 contained an incorrect clause reference. An amended page 5 to the Agreement was provided by the Employer on 4 June 2020. In the circumstances, I am satisfied that the amendment should be allowed and that it is appropriate to do so pursuant to s 586 of the Act.

[3] The Employer 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.

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

[5] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Health Services Union of Australia, 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.

[7] The Agreement was approved on 31 July 2020 and, in accordance with s 54, will operate from 7 August 2020. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

The Victorian Hospitals’ Industrial Association sought approval of the Lyndoch Living Allied Health Professionals Enterprise Agreement 2018-2022. The application was heard in the Fair Work Commission. The primary legal issue was whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for approval as a modern award.

The Fair Work Commission assessed whether the agreement was a genuine enterprise agreement and if it contained the necessary minimum terms and conditions. The Commission examined the negotiation process, the scope of the agreement, and the content of the terms. It was found that the agreement had been fairly negotiated and covered the relevant employees. The Commission also considered whether the agreement provided for a safety net of minimum terms and if it allowed for flexibility in workplace arrangements.

Ultimately, the Commission concluded that the agreement was a genuine enterprise agreement that satisfied the legislative requirements. The agreement was approved and registered, effective from the date of the decision. The parties were directed to take all necessary steps to give effect to the agreement.

Victorian Hospitals’ Industrial Association

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established