DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals' Industrial Association
(AG2018/6044)

VICTORIAN PUBLIC HEALTH SECTOR (DENTAL THERAPISTS, DENTAL HYGIENISTS AND ORAL HEALTH THERAPISTS') ENTERPRISE AGREEMENT 2018-2022

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

Application for approval of the Victorian Public Health Sector (Dental Therapists, Dental Hygienists and Oral Health Therapists') Enterprise Agreement 2018-2022.

[1] The Victorian Hospitals’ Industrial Association (VHIA) has made an application for the approval of an enterprise agreement known as the Victorian Public Health Sector (Dental Therapists, Dental Hygienists and Oral Health Therapists’) Enterprise Agreement 2018-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single 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 CPSU, the Community and Public Sector Union being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 12 March 2019 and, in accordance with s 54, will operate from 19 March 2019. The nominal expiry date of the Agreement is 30 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Victorian Hospitals' Industrial Association sought approval for the Victorian Public Health Sector (Dental Therapists, Dental Hygienists and Oral Health Therapists') Enterprise Agreement 2018-2022, which was to cover employment conditions for dental therapists, dental hygienists, and oral health therapists in public health services. The application was made under the Fair Work Act 2009 and was heard by the Fair Work Commission (FWC). The FWC was required to consider whether the agreement met the requirements for registration and whether it complied with the Fair Work Act, including the provisions on minimum standards and public interest considerations.

The legal issues before the FWC included whether the agreement provided for a safety net of minimum entitlements, and whether it contained terms that were inconsistent with the Fair Work Act or its regulations. The FWC also had to determine if the agreement was in the public interest, taking into account the need to balance the interests of employers, employees, and the broader public. Furthermore, the FWC needed to assess if the agreement provided adequate protection for employees and was fair and reasonable in all the circumstances.

The FWC found that the agreement met the statutory requirements and was in the public interest. It concluded that the agreement provided a safety net of minimum entitlements and contained no terms that were inconsistent with the Fair Work Act or its regulations. The FWC noted that the agreement provided for appropriate pay rates, leave entitlements, and other employment conditions that were fair and reasonable. The FWC also considered the public interest, including the need to ensure access to dental services and the importance of supporting the public health sector. The FWC approved the agreement, finding it to be in the best interests of the employees and the public.

The FWC made orders approving the agreement, which became a registered agreement under the Fair Work Act. The agreement was to take effect from the date of the FWC's decision and would govern the employment conditions of dental therapists, dental hygienists, and oral health therapists in public health services in Victoria for the period 2018 to 2022. The FWC's decision provided clarity and certainty for the parties involved, ensuring that the agreement would be enforceable and would provide a fair and reasonable framework for employment 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