Victorian Hospitals Industrial Association

[2018] FWCA 4416

[2018] FWCA 4416

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals Industrial Association
(AG2018/1174)

AMA VICTORIA - VICTORIAN PUBLIC HEALTH SECTOR - MEDICAL SPECIALISTS ENTERPRISE AGREEMENT 2018-2021

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 31 JULY 2018

Application for approval of the AMA Victoria - Victorian Public Health Sector - Medical Specialists Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the AMA Victoria - Victorian Public Health Sector - Medical Specialists Enterprise Agreement 2018-2021 (“the Agreement”). The application is made under s.185 of the Fair Work Act 2009 (Cth) (“the Act”) by the Victorian Hospitals Industrial Association (“the Applicant”).

[2] The application was dealt with in a conference convened at the request of the parties on 23 July 2018. A range of matters were discussed in that conference and the parties confirmed they were generally in agreement about certain outstanding matters, including the provision of undertakings and some agreed amendments that were sought to be made to the proposed Agreement.

[3] It was also noted that the Agreement makes provision for annualised salaries at sub clause 31.2. However, the Applicant indicated that, in circumstances where annualised salary arrangements are in place for employees, they inevitably provide terms and conditions that are well in excess of those contained in the Agreement, and those contained in the underlying Medical Practitioners Award 2010. However, it also indicated that any employee subject to an annualised salary arrangement can make a request for a reconciliation to be carried out if they consider this to be necessary.

[4] The Applicant has also requested that the Commission exercise the discretion available to it under s.586(a) of the Act to allow a correction or amendment to the proposed Agreement. These are described by the Applicant as “administrative errors,” and the amendments are sought so that the Agreement reads as actually intended.

[5] The first involves an amendment to Schedule B, Part 3, Tables 3.1 – 3.5. The Applicant submits that the reference in each of those Tables to “Full-time Doctors (per shift)” is an error and the correct reference should only be to “Full-time Doctors.”

[6] The second matter involves clause 15 of the proposed Agreement and, in particular, the wording in sub clause 15.8(c)(i). The wording in that sub clause will accordingly be amended to read as follows:

“(i) by either the Doctor or Health Service giving a specified period of written notice, with the specified period being no more than 28 days; and”

[7] I am satisfied that it is appropriate for the Commission to exercise the discretion available to it to correct the Agreement in the manner proposed on the basis that these corrections are administrative in nature only, and simply ensure the Agreement accurately reflects what was agreed to and approved by the parties and the employees who voted to approve the Agreement.

[8] The Applicant has provided a revised copy of the Agreement that contains these amended corrections. It will now be published on the Commission’s website in place of the copy that was submitted to the Commission at the time the application was made.

[9] The Employer has provided written undertakings. A copy of those undertakings is attached in Annexure A. I am satisfied that they will not cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. I am also satisfied that the undertakings are agreed to by the Union bargaining representative, being the Australian Salaried Medical Officers Federation. The undertakings are accordingly approved and will now be taken to be a term of the Agreement.

[10] I am otherwise satisfied that each of the requirements of ss.186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[11] The Australian Salaried Medical Officers Federation, 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.

[12] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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Annexure A