DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2018/1556)

COMMUNITY HEALTH CENTRE (STAND ALONE SERVICES) SOCIAL AND COMMUNITY SERVICE EMPLOYEES MULTI ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER SAUNDERS	NEWCASTLE, 16 OCTOBER 2018

Application for approval of the Community Health Centre (Stand Alone Services) Social and Community Service Employees Multi Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Community Health Centre (Stand Alone Services) Social and Community Service Employees Multi Enterprise Agreement 2017 (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 multi-enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Municipal, Administrative, Clerical and Services 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) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Victorian Hospitals’ Industrial Association applied for the approval of the Community Health Centre (Stand Alone Services) Social and Community Service Employees Multi Enterprise Agreement 2017. The application was brought before the Fair Work Commission. The applicants argued that the proposed agreement was suitable for the employees involved and complied with the necessary legislative requirements. The dispute centred on the interpretation and application of the relevant industrial relations laws, particularly the Fair Work Act 2009.

The legal issues before the court involved determining whether the agreement met the statutory criteria for approval under the Fair Work Act. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it was free from any illegal or improper provisions. Additionally, the court had to consider whether the agreement was made in good faith and whether it was in the interests of the employees and employers involved.

The Fair Work Commission carefully examined the terms of the agreement and the submissions from both parties. It found that the agreement contained provisions that were fair and reasonable, and were made in good faith. The court was satisfied that the agreement met the legislative requirements for approval and was in the best interests of the employees and employers. Consequently, the application was approved, and the Community Health Centre (Stand Alone Services) Social and Community Service Employees Multi Enterprise Agreement 2017 was formally recognised.

The final orders of the court confirmed the approval of the agreement, providing a legal framework for the terms and conditions of employment for the relevant employees. This decision ensures that the agreement will be enforceable and provides certainty for both employers and employees involved in the 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