Victorian Hospitals Industrial Association

[2018] FWCA 4443

[2018] FWCA 4443

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Victorian Hospitals Industrial Association

(AG2018/1172)

AMA Victoria - Victorian Public Health Sector - Doctors in Training 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 - Doctors in Training 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 - Doctors in Training 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”).

1. 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 that 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.

1. It is also noted that the Agreement makes provision for annualised salaries at sub clause 42.2. However, the Applicant indicated that it is very rare for annualised salary arrangements to be provided to employees covered by this Agreement. It also indicated any employees who negotiate annualised salary arrangements can make requests for a reconciliation to be carried out if they have concerns about those arrangements when compared to the terms and conditions contained in the Agreement or the underlying Medical Practitioners Award 2010.[1]

1. 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.

1. The first involves an amendment to Schedule B, Part 4, Table 4.1. The Applicant submits that the rates that are set out in the relevant Table in the Agreement that was attached to the application do not equate to 2.5% of the first year of experience for those classifications, as intended by sub clause 37.3 of the proposed Agreement.

1. The second matter involves clause 16 of the Agreement and, in particular, the wording in sub clause 16.9(c)(i). The wording in the 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”

1. 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 simply ensure that the Agreement accurately reflects what was agreed to by the parties and the employees who voted to approve the Agreement.

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

1. 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 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 approved and will now be taken to be a term of the agreement.

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

1. 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.

1. 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

Annexure A

[1] MA000031.

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