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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Victorian Hospitals’ Industrial Association filed an application for approval of the Victorian Stand-Alone Community Health (Dental Therapists, Dental Hygienists and Oral Health Therapists’) Enterprise Agreement 2018-2022. The agreement in question was made between the association and the employer, the State of Victoria, through the Department of Health and Human Services. The agreement relates to the employment terms and conditions of dental therapists, dental hygienists, and oral health therapists working in the community health sector within the state. The application was heard by the Fair Work Commission, which is tasked with approving enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act, particularly in relation to the process by which the agreement was formed and the terms it contained. The Commission needed to determine if the agreement was genuinely negotiated between the parties and if it was in the best interests of the employees. Further, the Commission examined if the agreement contained mandatory terms as prescribed by the Act and if it adhered to the procedural requirements for approval.

The Commission found that the agreement was genuinely negotiated between the parties and that the process followed was fair and reasonable. It was determined that the agreement contained all the prescribed minimum terms as required by the Fair Work Act, and the parties had acted in good faith. The Commission also considered the impact of the agreement on the employees and found that it was in their best interests, providing them with fair and reasonable terms of employment. Given these findings, the Commission approved the agreement, deeming it to be in accordance with the provisions of the Fair Work Act.

As a result of the approval, the Victorian Stand-Alone Community Health (Dental Therapists, Dental Hygienists and Oral Health Therapists’) Enterprise Agreement 2018-2022 is now in effect. The agreement provides for the terms and conditions of employment for the relevant employees, and both the employer and the employees are bound by its terms. The approval by the Fair Work Commission ensures that the agreement complies with the requirements of the Fair Work Act, providing a framework for the fair and reasonable resolution of employment matters in the community health sector.

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