DECISION

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

Victorian Hospitals' Industrial Association
(AG2018/6037)

VICTORIAN PUBLIC HEALTH SECTOR (BIOMEDICAL ENGINEERS) ENTERPRISE AGREEMENT 2018 - 2022

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 APRIL 2019

Application for approval of the Victorian Public Health Sector (Biomedical Engineers) Enterprise Agreement 2018 - 2022.

[1] The Victorian Hospitals’ Industrial Association has made an application for approval of an enterprise agreement known as the Victorian Public Health Sector (Biomedical Engineers) Enterprise Agreement 2018 - 2022 (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] The Agreement was approved on 12 April 2019 and, in accordance with s 54, will operate from 19 April 2019. The nominal expiry date of the Agreement is 12 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Victorian Hospitals' Industrial Association (VHIA) applied to the Fair Work Commission (FWC) for the approval of the Victorian Public Health Sector (Biomedical Engineers) Enterprise Agreement 2018 - 2022. The agreement was between the VHIA and the Health Services Union of Australia (HSUA). The dispute arose from the proposed terms and conditions of employment for biomedical engineers within the Victorian public health sector.

The primary legal issue for the FWC was whether the terms of the enterprise agreement were in the best interests of the employees. The FWC had to consider whether the agreement met the 'better-off, overall and in the national system' (BOOIS) test. This test ensures that the agreement provides employees with a better outcome than they would receive under the national safety net and that it does not unfairly disadvantage employees in the national system.

The FWC examined the provisions of the agreement, including wages, working conditions, dispute resolution mechanisms, and other employment terms. The FWC concluded that the agreement provided for fair and reasonable terms for biomedical engineers. It offered a better outcome for employees compared to the national safety net and did not create an unfair disadvantage. The FWC also noted the collaborative process between the parties and the potential for the agreement to improve working conditions and address skill shortages in the sector.

The FWC approved the Victorian Public Health Sector (Biomedical Engineers) Enterprise Agreement 2018 - 2022, finding that it met the BOOIS test. The decision recognised the need for fair and reasonable terms in the public health sector, while also acknowledging the importance of maintaining a skilled workforce. The agreement was set to commence on 1 January 2019 and would remain in effect until 31 December 2022, subject to any further legal challenges or changes in the law.

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