DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Victorian Hospitals' Industrial Association
(AG2017/6319)

VICTORIAN PUBLIC HEALTH SECTOR (MEDICAL SCIENTISTS, PHARMACISTS AND PSYCHOLOGISTS) SINGLE INTEREST ENTERPRISE AGREEMENT 2017-2021

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 21 DECEMBER 2017

Application for approval of the Victorian Public Health Sector (Medical Scientists, Pharmacists and Psychologists) Single Interest Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Public Health Sector (Medical Scientists, Pharmacists and Psychologists) Single Interest Enterprise Agreement 2017-2021(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Victorian Hospitals’ Industrial Association. The agreement is a single-enterprise agreement.

[2] Undertakings have been given with respect to the rates of pay for a Pharmacy Student and Trainee Medical Scientists (Adult and Years 1-3) and are taken to be a term of the Agreement. A copy of the undertakings are attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Health Services Union of Australia (HSU) 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement was approved in Chambers on 21 December 2017 and, in accordance with s.54 of the Act, will operate from 28 December 2017. The nominal expiry date of the Agreement is 21 December 2021.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Hospitals' Industrial Association sought approval for the Victorian Public Health Sector (Medical Scientists, Pharmacists and Psychologists) Single Interest Enterprise Agreement 2017-2021. The dispute arose from the need to confirm the agreement's compliance with relevant industrial laws and to ensure that it met the necessary standards for public sector employees in the specified roles. The Fair Work Commission was the tribunal tasked with reviewing and approving the agreement.

The primary legal issue before the Commission was whether the terms and conditions of the enterprise agreement were fair and reasonable, considering the needs of both the employees and the employers. The Commission had to evaluate the agreement against the Fair Work Act 2009, ensuring it adhered to the principles of procedural fairness and did not contain any provisions that would undermine the public interest or the health system. Additionally, the Commission examined the bargaining process to confirm that it was conducted in good faith and that the agreement genuinely reflected the interests of the parties involved.

The Commission concluded that the agreement was fair and reasonable, taking into account the evidence presented by both the employer and the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment for the relevant employees, and that it did not contain any provisions that would undermine the public interest or the health system. The Commission also confirmed that the bargaining process was conducted in good faith and that the agreement genuinely reflected the interests of the parties involved. Consequently, the Commission approved the enterprise agreement, which will now be binding on the parties from the date of the decision.

The Fair Work Commission approved the Victorian Public Health Sector (Medical Scientists, Pharmacists and Psychologists) Single Interest Enterprise Agreement 2017-2021, with the decision coming into effect from the date of the Commission's determination. The agreement now governs the terms and conditions of employment for medical scientists, pharmacists, and psychologists within the public health sector in Victoria for the specified period.

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