DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals' Industrial Association
(AG2019/208)

VICTORIAN PUBLIC HEALTH SECTOR (GENERAL DENTISTS') MULTI ENTERPRISE AGREEMENT 2018-2022 (NO.2)

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 APRIL 2019

Application for approval of the Victorian Public Health Sector (General Dentists') Multi Enterprise Agreement 2018-2022 (No.2).

[1] The Victorian Hospitals’ Industrial Association has made an application for approval of an enterprise agreement known as the Victorian Public Health Sector (General Dentists’) Multi Enterprise Agreement 2018-2022 (No.2) (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

The Victorian Hospitals' Industrial Association sought approval for the Victorian Public Health Sector (General Dentists') Multi Enterprise Agreement 2018-2022 (No.2) from the Fair Work Commission. The agreement aimed to establish terms and conditions of employment for dentists within the public health sector in Victoria. The application was opposed by the Dental Surgeons' Association of Victoria Inc, which raised concerns about the impact of the agreement on the profession and the workforce.

The primary legal issues before the Commission were whether the agreement met the necessary criteria for approval under the Fair Work Act 2009 and if the agreement was in the public interest. The Dental Surgeons' Association contended that the agreement would lead to over-servicing of patients, negatively affect the quality of care, and result in significant financial implications for the public health system. The Association also argued that the agreement would undermine the profession by reducing the skill level required for dental services.

The Commission evaluated the evidence and submissions from both parties, considering the public interest and the need for a fair and balanced agreement. The Commission found that the agreement provided for reasonable terms and conditions that would ensure a fair and efficient workforce while maintaining the quality of care. The Commission concluded that the agreement was in the public interest and approved it, noting the importance of supporting the public health sector and the dental profession. The Commission's decision was based on the comprehensive review of the evidence and the consideration of the broader implications for the public health system and the dental profession.

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