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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves the Victorian Hospitals' Industrial Association, which sought approval for a set of enterprise agreements in the community health sector. The agreements cover audiologists, dietitians, pharmacists, and psychologists. The matter was heard in the Fair Work Commission of Australia, the body responsible for overseeing and approving enterprise agreements. The Association argued that the agreements were in the best interests of the employees and necessary for fair and efficient service delivery.

The legal issues the court had to resolve included whether the proposed agreements provided for fair and reasonable terms for the employees, and if they complied with relevant legislation, including the Fair Work Act 2009. Additionally, the court needed to determine if the agreements appropriately addressed the unique needs of the community health sector and its employees, ensuring that the terms were both fair and practical. The Association argued that the agreements were necessary to address skill shortages and to ensure fair remuneration for the employees.

The court examined the proposed agreements in detail, considering the economic context, the specific needs of the community health sector, and the impact on employees. The court noted that the agreements included provisions for pay rates, working conditions, and dispute resolution mechanisms. The Association provided evidence to support the necessity of the proposed terms, citing industry data and expert testimony. After careful consideration, the court found that the proposed agreements met the statutory requirements and provided fair and reasonable terms for the employees. The court approved the agreements, recognising the unique challenges faced by the community health sector.

In summary, the Fair Work Commission approved the Victorian Community Health Sector (Audiologists, Dietitians, Pharmacists & Psychologists) 2018-2021 enterprise agreements, finding them to be fair and reasonable. The court's decision acknowledged the specific needs of the community health sector and the importance of fair remuneration and working conditions for the employees. The approval of these agreements is a significant step towards ensuring the sustainability and efficiency of the community health sector in Victoria.

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