DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals' Industrial Association
(AG2019/3246)

SUNBURY COMMUNITY HEALTH (GENERAL DENTISTS') ENTERPRISE AGREEMENT 2018 - 2022

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 SEPTEMBER 2019

Application for approval of the Sunbury Community Health (General Dentists') Enterprise Agreement 2018 - 2022

[1] The Victorian Hospitals’ Industrial Association has made an application for approval of an enterprise agreement known as the Sunbury Community Health (General Dentists’) Enterprise Agreement 2018 - 2022 (the Agreement) in their capacity as a bargaining representative for the employer bound by the Agreement. The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Agreement was approved on 16 September 2019 and, in accordance with s 54, will operate from 23 September 2019. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Victorian Hospitals' Industrial Association filed an application seeking approval of the Sunbury Community Health (General Dentists') Enterprise Agreement 2018-2022. The primary dispute involved the terms and conditions of employment for general dentists at Sunbury Community Health, as outlined in the proposed enterprise agreement. The case required the Commission to assess whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the proposed agreement was a "better off overall test" (BOOT) agreement, meaning that the overall terms and conditions of employment were not less favourable than the applicable award or safety net. The Commission also needed to determine if the agreement complied with the good faith bargaining requirements and other statutory obligations under the Fair Work Act. The fairness and reasonableness of the agreement in terms of its impact on employees and employers were also under scrutiny.

The Commission found that the agreement met the BOOT criteria and was, therefore, not less favourable than the applicable award or safety net. It was concluded that the agreement was made in good faith, and all parties had an opportunity to negotiate. The Commission was satisfied that the agreement was fair and reasonable, taking into account the specific circumstances of the workplace and the parties involved. Consequently, the application for approval was successful.

The Fair Work Commission approved the Sunbury Community Health (General Dentists') Enterprise Agreement 2018-2022, effective from the date of the decision. The approval ensures that the terms and conditions outlined in the agreement will govern the employment of general dentists at Sunbury Community Health for the duration of the agreement. This decision sets a precedent for similar agreements in the healthcare sector, reinforcing the importance of fair and reasonable terms in enterprise bargaining.

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