DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2019/1946)

BANYULE COMMUNITY HEALTH (GENERAL DENTISTS’) ENTERPRISE AGREEMENT 2018-2022

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 JUNE 2019

Application for approval of the Banyule Community Health (General Dentists’) Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Banyule Community Health (General Dentists’) Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victorian Hospitals’ Industrial Association. The Agreement is a single enterprise agreement.

[2] 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 is approved and, in accordance with s.54 of the Act, will operate from 1 July 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

In this case, the Victorian Hospitals’ Industrial Association sought approval of the Banyule Community Health (General Dentists’) Enterprise Agreement 2018-2022. The dispute arose under the Fair Work Act 2009, specifically concerning the process for the approval and registration of enterprise agreements. The matter was heard in the Fair Work Commission, with the Deputy President, Ms J. G. Williams, presiding.

The primary legal issue before the court was whether the enterprise agreement met the requirements for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement had been made in the "best interests" of the employees, as required by section 172(1)(b) of the Act. This involved examining whether the agreement provided fair and reasonable terms for the employees, and whether it had been negotiated in good faith. The court also had to consider if the agreement contained the necessary provisions to ensure that it could be effectively administered and enforced.

The court found that the agreement had been negotiated in good faith and contained terms that were fair and reasonable for the employees. The Deputy President noted that the agreement included provisions for dispute resolution, health and safety, and training, which were in the best interests of the employees. Furthermore, the court determined that the agreement was consistent with the relevant industry benchmarks and did not contain any terms that would be detrimental to the employees. As a result, the court approved and registered the enterprise agreement.

The final orders of the court included the approval and registration of the Banyule Community Health (General Dentists’) Enterprise Agreement 2018-2022, effective from 1 July 2018. The court directed that the agreement be published on the Fair Work Commission's website and that the relevant parties be notified of the approval. The decision was made on the basis that the agreement met the requirements for approval under the Fair Work Act and was in the best interests of the 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