DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals' Industrial Association
(AG2018/6034)

SPECIALISTS DENTISTS' AND SPECIALISTS DENTISTS' IN TRAINING DENTAL HEALTH SERVICES VICTORIA ENTERPRISE AGREEMENT 2018-2022

Health and welfare services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 26 MARCH 2019

Application for approval of the Specialists Dentists' and Specialists Dentists' in Training Dental Health Services Victoria Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Specialists Dentists’ and Specialists Dentists’ in Training Dental Health Services Victoria Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victorian Hospitals’ Industrial Association. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The undertakings result in some duplication of clause numbers. Accordingly, to avoid any confusion and relying on s.586 of the Act, clauses 38.4 and 38.5 are renumbered as clauses 38.6 and 38.7 respectively.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2019. The nominal expiry date of the Agreement is 1 July 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Victorian Hospitals' Industrial Association sought approval for the Specialists Dentists' and Specialists Dentists' in Training Dental Health Services Victoria Enterprise Agreement 2018-2022. The parties involved in the agreement were the association and the relevant union representatives. The matter was heard by the Fair Work Commission. The applicants sought to have the agreement approved under the Fair Work Act 2009, arguing that it met the necessary criteria for direct approval.

The primary legal issue the Commission had to address was whether the agreement met the requirements for direct approval as outlined in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, was free from any discriminatory provisions, and if it was in the best interests of the employees it covered. The Commission also had to consider whether the agreement had been fairly and properly negotiated.

The Commission found that the agreement met the criteria for direct approval. It was satisfied that the agreement was fair and reasonable, contained no discriminatory provisions, and was in the best interests of the employees it covered. The Commission also determined that the agreement had been fairly and properly negotiated. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the Specialists Dentists' and Specialists Dentists' in Training Dental Health Services Victoria Enterprise Agreement 2018-2022. The agreement was to be deemed approved under section 234 of the Fair Work Act 2009.

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