Victorian Hospitals' Industrial Association

[2019] FWCA 5678

[2019] FWCA 5678

FAIR WORK COMMISSION

DECISION

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

Victorian Hospitals' Industrial Association
(AG2019/537)

VICTORIAN COMMUNITY HEALTH SECTOR (AUDIOLOGISTS, DIETITIANS, PHARMACISTS & PSYCHOLOGISTS) 2018-2021

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

Application for approval of the Victorian Community Health Sector (Audiologists, Dietitians, Pharmacists & Psychologists) 2018-2021

[1] Victorian Hospitals’ Industrial Association has made an application for approval of an enterprise agreement known as the Victorian Community Health Sector (Audiologists, Dietitians, Pharmacists & Psychologists) 2018-2021 (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 multi-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The consultation provision in the Agreement does not address consultation in relation to changes to regular rosters or ordinary hours of work (see s 205(1)(a)(ii)). I am required by s 201(1)(b) to note that, pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Health Services Union of Australia (HSU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. 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 company and HSU together advised the Commission that the Agreement contains an obvious typographical error. The rate of pay for Psychologist Grade 2, Year 4 in Schedule C should read ‘$1,771.20’ not ‘$1,717.20’. I allow the parties’ requested correction of this error in the Agreement under s 586(a), being a document related to a matter before the Commission.

[7] The Agreement was approved on 16 August 2019 and, in accordance with s 54, will operate from 23 August 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

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Annexure A