Victorian Hospitals’ Industrial Association

[2019] FWCA 4894

[2019] FWCA 4894

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2019/377)

VICTORIAN STAND-ALONE COMMUNITY HEALTH (DENTAL THERAPISTS, DENTAL HYGIENISTS AND ORAL HEALTH THERAPISTS’) ENTERPRISE AGREEMENT 2018-2022

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 JULY 2019

Application for approval of the Victorian Stand-Alone Community Health (Dental Therapists, Dental Hygienists and Oral Health Therapists’) Enterprise Agreement 2018-2022

[1] The Victorian Hospitals’ Industrial Association has made an application for approval of an enterprise agreement known as the Victorian Stand-Alone Community Health (Dental Therapists, Dental Hygienists and Oral Health Therapists’) Enterprise Agreement 2018-2022 (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] The employers have 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 Community and Public Sector Union, 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 23 July 2019 and, in accordance with s 54, will operate from 30 July 2019. The nominal expiry date of the Agreement is 30 April 2022.

DEPUTY PRESIDENT

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Annexure A