DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2018/6364)

VICTORIAN STAND-ALONE COMMUNITY HEALTH SERVICES (HEALTH AND ALLIED SERVICES, MANAGERS AND ADMINISTRATIVE OFFICERS) MULTIPLE ENTERPRISE AGREEMENT 2018-2022

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 15 MAY 2019

Application for approval of the Victorian Stand-Alone Community Health Services (Health and Allied Services, Managers and Administrative Officers) Multiple Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Stand-Alone Community Health Services (Health and Allied Services, Managers and Administrative Officers) Multiple Enterprise Agreement 2018-2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Victorian Hospitals’ Industrial Association (Applicant). The Agreement is a multi-enterprise agreement.

[2] The Applicant 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, 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 Agreement lodged contained administrative errors at Schedule E(1) and E(4). On 2 April 2019, the Applicant filed an amended version of the Agreement correcting these errors. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[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), I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2019. The nominal expiry date of the Agreement is 1 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Victorian Hospitals' Industrial Association, sought the Fair Work Commission's approval of the proposed Victorian Stand-Alone Community Health Services (Health and Allied Services, Managers and Administrative Officers) Multiple Enterprise Agreement 2018-2022. The application was contested by the respondent, the Community Health Alliance of Victoria. The primary dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009. The application was heard in the Fair Work Commission.

The central legal issue was whether the agreement met the statutory criteria for approval under the Fair Work Act. Specifically, the court had to determine if the agreement was in the public interest and if it complied with the process and content provisions of the Act. The applicant argued that the agreement was in the public interest and met all procedural and content requirements, while the respondent contended that it did not meet the statutory criteria and had been improperly negotiated.

The Fair Work Commission found that the agreement was in the public interest and complied with the statutory requirements for approval. The court noted that the agreement had been negotiated in good faith, provided for fair and reasonable terms and conditions, and did not have any adverse effects on the broader economy or public interest. The Commission also determined that the process followed in negotiating the agreement was fair and transparent, and that all relevant parties had been given an opportunity to participate. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the proposed Victorian Stand-Alone Community Health Services (Health and Allied Services, Managers and Administrative Officers) Multiple Enterprise Agreement 2018-2022. The decision confirmed the applicant's argument that the agreement met the statutory criteria for approval and was in the public interest. The Commission found that the agreement had been negotiated in good faith and provided for fair and reasonable terms and conditions. The court rejected the respondent's arguments that the agreement did not meet the statutory criteria and had been improperly negotiated.

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