DECISION

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

Victorian Hospitals' Industrial Association
(AG2019/222)

VICTORIAN STAND ALONE COMMUNITY HEALTH (GENERAL DENTISTS')(NORTH RICHMOND, NILLUMBIK & SUNRAYSIA) 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')(North Richmond, Nillumbik & Sunraysia) Enterprise Agreement 2018 - 2022

[1] Victorian Hospitals’ Industrial Association has made an application for approval of an enterprise agreement known as the Victorian Stand Alone Community Health (General Dentists’)(North Richmond, Nillumbik & Sunraysia) 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.

[2] 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.

[3] 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Victorian Hospitals' Industrial Association sought approval for the Victorian Stand Alone Community Health (General Dentists')(North Richmond, Nillumbik & Sunraysia) Enterprise Agreement 2018-2022. The dispute arose from the application of the agreement, which was negotiated between the association and the relevant employees. The primary issue before the commission was whether the terms and conditions of the agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues centred on whether the agreement met the procedural fairness requirements, including whether the association had genuinely bargained with the employees and whether the agreement provided for minimum entitlements. Furthermore, the commission had to determine if the agreement was in the best interests of the employees and if it complied with the relevant provisions of the Fair Work Act. The association argued that the agreement was the product of genuine bargaining and provided fair and reasonable terms for the employees. The commission considered the evidence and submissions from both parties before making its decision.

After considering the evidence and submissions, the commission found that the agreement was the product of genuine bargaining and met the procedural fairness requirements. The commission also found that the agreement provided for minimum entitlements and was in the best interests of the employees. The commission approved the agreement, finding that it complied with the relevant provisions of the Fair Work Act. The association's application for approval of the agreement was successful, and the agreement was approved as a registered 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