| [2019] FWCA 2715 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement
Victorian Hospitals' Industrial Association
(AG2019/553)
Victorian Stand-Alone Community Health (General Dentists') Enterprise Agreement 2018-2022
| Health and welfare services | |
| Deputy President Colman | MELBOURNE, 18 APRIL 2019 |
Application for approval of the Victorian Stand-Alone Community Health (General Dentists') Enterprise Agreement 2018-2022
Victorian Hospitals’ Industrial Association has made an application for approval of an enterprise agreement known as the Victorian Stand-Alone 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) 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.
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 and 188 as are relevant to this application for approval have been met.
The Agreement was approved on 18 April 2019 and, in accordance with s 54, will operate from 25 April 2019. The nominal expiry date of the Agreement is 1 July 2022.
DEPUTY PRESIDENT
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- AGLC
- Victorian Hospitals' Industrial Association [2019] FWCA 2715
- Case
- [2019] FWCA 2715
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement was made in good faith and if it provided a safety net for employees, ensuring they were not worse off than they would be under the applicable award. Additionally, the Commission had to consider whether the agreement complied with the requirements of the Fair Work (Registered Organisations) Act 2009, including provisions regarding the fair and equitable treatment of employees and the avoidance of adverse action against employees for engaging in union activities.
The Commission found that the agreement satisfied the BOOT, as it provided benefits to employees that were not available under the relevant award. The agreement included provisions for annual leave, shift loading, and additional allowances that improved the financial and non-financial conditions of employment for the dentists. Furthermore, the agreement included protections against adverse action for union activities, ensuring that employees could participate in union activities without fear of reprisal. The Commission determined that the agreement was made in good faith and complied with all relevant legislative requirements.
In conclusion, the Fair Work Commission approved the Victorian Stand-Alone Community Health (General Dentists') Enterprise Agreement 2018-2022. The agreement was registered, and the terms and conditions outlined within it would apply to the employment of general dentists within Victorian stand-alone community health organisations for the specified period. This decision provided clarity and certainty for both employers and employees in the sector, ensuring that the agreement met the necessary standards for approval under the Fair Work Act 2009.
Orders
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Background
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Evidence
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Ratio Decidendi
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