DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Victorian Hospitals' Industrial Association
(AG2019/274)

VICTORIAN STAND ALONE COMMUNITY HEALTH CENTRES ALLIED HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2017-2021

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 JUNE 2019

Application for approval of the Victorian Stand Alone Community Health Centres 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 Victorian Stand Alone Community Health Centres Allied Health Professionals Enterprise Agreement 2017-2021 (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 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] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 3 June 2019 and, in accordance with s 54, will operate from 10 June 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 (VHIA) applied for approval of the Stand Alone Community Health Centres Allied Health Professionals Enterprise Agreement 2017-2021 (the Agreement) before the Fair Work Commission (FWC). The VHIA represents employers in the dispute, while the Australian Health Services Employees' Union (AHSEU) and the Australian Nursing and Midwifery Federation (ANMF) represent employees. The primary dispute revolves around the terms and conditions of employment for allied health professionals within the specified health centres.

The legal issues before the FWC included whether the Agreement was made in good faith, if it was genuinely bargained for, and whether it provided for the proper operation of the enterprise. Additionally, the FWC had to determine if the Agreement complied with the Fair Work Act 2009, including provisions related to minimum wages, maximum hours of work, and other employment conditions.

In its decision, the FWC determined that the Agreement was made in good faith and was genuinely bargained for. The Commission found that the parties had engaged in meaningful negotiations and that the terms of the Agreement reflected the outcomes of those discussions. The FWC also concluded that the Agreement provided for the proper operation of the enterprise, ensuring that it would function effectively within the health sector. Furthermore, the Commission found that the Agreement complied with the Fair Work Act, including provisions related to minimum wages and maximum hours of work. The FWC approved the Agreement, noting that it provided a fair and reasonable outcome for both employers and employees.

The FWC's decision was that the Stand Alone Community Health Centres Allied Health Professionals Enterprise Agreement 2017-2021 was approved, effective from 1 July 2017. This approval ensures that the Agreement would govern the terms and conditions of employment for allied health professionals within the specified health centres for the duration of the agreement.

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