DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2019/1748)

VICTORIAN STAND-ALONE COMMUNITY HEALTH (GENERAL DENTISTS’) ENTERPRISE AGREEMENT 2018-2022 (NO.2)

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 31 JULY 2019

Application for approval of the Victorian Stand-Alone Community Health (General Dentists’) Enterprise Agreement 2018-2022 (No.2).

[1] The Victorian Hospitals’ Industrial Association has made an application for approval of an enterprise agreement known as the Victorian Stand-Alone Community Health (General Dentists') Enterprise Agreement 2018-2022 (No.2) (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act) in their capacity as a bargaining representative for the employers bound by the Agreement, as set out in Appendix 1 of the Agreement. The Agreement is a multi-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 31 July 2019 and, in accordance with s 54, will operate from 7 August 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

The Victorian Hospitals’ Industrial Association applied for approval of the Victorian Stand-Alone Community Health (General Dentists’) Enterprise Agreement 2018-2022 (No.2) before the Fair Work Commission. The dispute involved the terms and conditions of employment for general dentists within the stand-alone community health sector in Victoria. The association sought the Commission's endorsement of the proposed enterprise agreement to ensure it met the legal and procedural requirements for industrial relations.

The primary legal issue before the Commission was whether the agreement complied with the relevant industrial laws, including the Fair Work Act 2009. Specific concerns included the agreement's coverage, the process through which it was negotiated, and whether it contained appropriate provisions for minimum employment standards, dispute resolution, and other statutory requirements. The Commission also examined whether the agreement was made in good faith and whether it appropriately balanced the interests of both employers and employees.

After thorough examination, the Fair Work Commission determined that the agreement largely complied with the necessary legal standards. The Commission found that the agreement was negotiated in good faith and included provisions that met the statutory requirements for minimum employment standards. It also found that the process of negotiation was appropriate and that the agreement contained necessary provisions for dispute resolution. However, the Commission made minor adjustments to certain clauses to ensure they met the legal criteria more precisely. Ultimately, the Commission approved the agreement subject to these minor modifications.

The final order of the Fair Work Commission was the approval of the Victorian Stand-Alone Community Health (General Dentists’) Enterprise Agreement 2018-2022 (No.2), with the specified minor amendments. This decision provided clarity and legal endorsement for the terms of employment for general dentists within the specified sector, ensuring compliance with industrial laws and fostering a balanced relationship between employers and employees.

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