DECISION

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

Victorian Hospitals' Industrial Association
(AG2018/6038)

VICTORIAN PUBLIC HEALTH SECTOR (GENERAL DENTISTS') MULTI ENTERPRISE AGREEMENT 2018 - 2022

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

Application for approval of the Victorian Public Health Sector (General Dentists') Multi 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 (General Dentists') Multi 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] 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 12 April 2019 and, in accordance with s 54, will operate from 19 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 of the Victorian Public Health Sector (General Dentists') Multi Enterprise Agreement 2018-2022 from the Fair Work Commission (FWC). The association argued the agreement was fit for purpose as it had been negotiated in good faith and met the requirements of the Fair Work Act 2009. The Australian Health Services Employees' Union (Victorian Branch) and the Australian Health Services Employees' Union (National) intervened in the proceedings, contending that the agreement did not adequately represent the interests of their members and failed to comply with the act. The FWC was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including assessing if it was made in good faith, and if it provided for a fair and efficient workplace.

The FWC considered several key legal issues, including whether the agreement was made in good faith as required by section 233 of the act, and if it provided for a fair and efficient workplace as outlined in section 234. The court examined the negotiation process and the content of the agreement to ensure it complied with the statutory criteria. Additionally, the FWC assessed whether the agreement appropriately balanced the interests of both employers and employees and if it adequately addressed the needs of the workforce.

After evaluating the evidence and arguments presented by the parties, the FWC found that the agreement was made in good faith and provided for a fair and efficient workplace. The FWC concluded that the negotiation process was transparent and inclusive, and the content of the agreement met the statutory requirements. The FWC determined that the agreement appropriately balanced the interests of employers and employees and was fair and efficient. Consequently, the FWC approved the agreement as it complied with the provisions of the Fair Work Act 2009.

The FWC's decision was to approve the Victorian Public Health Sector (General Dentists') Multi Enterprise Agreement 2018-2022. The FWC found that the agreement met all statutory requirements, was made in good faith, and provided for a fair and efficient workplace. The FWC's approval ensures that the agreement can be implemented and enforced, providing stability and certainty for both employers and employees in the public health sector.

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