DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals' Industrial Association
(AG2019/2012)

SUNBURY COMMUNITY HEALTH CENTRE ALLIED HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2017-2021

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 AUGUST 2019

Application for approval of the Sunbury Community Health Centre Allied Health Professionals Enterprise Agreement 2017-2021

[1] The Victorian Hospitals’ Industrial Association has made an application for approval of an enterprise agreement known as the Sunbury Community Health Centre Allied Health Professionals Enterprise Agreement 2017-2021 (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 single 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 Health Services Union of Australia, 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.

[5] The Agreement was approved on 9 August 2019 and, in accordance with s 54, will operate from 16 August 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Victorian Hospitals' Industrial Association, representing the employer, filed an application for the approval of the Sunbury Community Health Centre Allied Health Professionals Enterprise Agreement 2017-2021. The applicant sought approval of the agreement from the Fair Work Commission, which was necessary to ensure its enforceability and compliance with the Fair Work Act 2009. The dispute arose from the negotiation and drafting of the agreement, which was intended to govern the terms and conditions of employment for allied health professionals within the Sunbury Community Health Centre. The Commission was tasked with determining whether the agreement met the legal requirements for approval and whether it was in the best interests of the employees and employers involved.

The primary legal issues that the Commission needed to address were whether the agreement was genuinely negotiated, whether it complied with the statutory requirements outlined in the Fair Work Act, and whether it met the public interest test. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, whether it addressed the needs of both parties, and whether it was consistent with the broader objectives of the Fair Work Act, including promoting high levels of employment and economic prosperity. Additionally, the Commission needed to ensure that the agreement did not adversely affect the public interest, such as by undermining the availability or quality of healthcare services.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was genuinely negotiated and met the statutory requirements for approval. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, addressed the needs of both parties, and was consistent with the broader objectives of the Fair Work Act. The Commission also found that the agreement did not adversely affect the public interest. Accordingly, the Commission approved the Sunbury Community Health Centre Allied Health Professionals Enterprise Agreement 2017-2021, and the applicant's application was successful.

The Fair Work Commission approved the Sunbury Community Health Centre Allied Health Professionals Enterprise Agreement 2017-2021. The agreement is now a legally binding document that governs the terms and conditions of employment for allied health professionals within the Sunbury Community Health Centre. The approval ensures that the agreement is enforceable and compliant with the Fair Work Act. The decision provides certainty and stability to both parties and promotes the broader objectives of the Fair Work Act, including promoting high levels of employment and economic prosperity.

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