Victorian Hospitals' Industrial Association

[2019] FWCA 3825

[2019] FWCA 3825

FAIR WORK COMMISSION

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

<AE503731 PR708956>

Annexure A