DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2017/1693)

LYNDOCH LIVING (HEALTH AND ALLIED SERVICES, MANAGERS AND ADMINISTRATIVE OFFICERS) ENTERPRISE AGREEMENT 2016-2020

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 3 JULY 2017

Application for approval of the Lyndoch Living (Health and Allied Services, Managers and Administrative Officers) Enterprise Agreement 2016-2020.

[1] On 15 May 2017 the Victorian Hospitals’ Industrial Association (Applicant) made an application for approval of the Lyndoch Living (Health and Allied Services, Managers and Administrative Officers) Enterprise Agreement 2016-2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The employer has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Health Services Union has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Health 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), the Commission notes that the Agreement covers this organisation.

[8] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 10 July 2017. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Victorian Hospitals’ Industrial Association sought approval of an enterprise agreement under the Fair Work Act 2009. The agreement, proposed for the Lyndoch Living (Health and Allied Services, Managers and Administrative Officers) Enterprise Agreement 2016-2020, was contested by the Health Services Union of Australia. The Fair Work Commission heard the application. The primary legal issue was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This required the Commission to consider if the agreement promoted simplicity, flexibility, and certainty in workplace relations, as well as whether it allowed for fair and efficient enterprise bargaining. The Commission also had to assess if the agreement complied with the good faith bargaining requirement and did not adversely affect employees' ability to resolve workplace issues.

In determining whether the agreement met these criteria, the Commission examined the terms and conditions proposed in the agreement, the process of bargaining, and the context in which the agreement was negotiated. The Commission found that the agreement did promote simplicity, flexibility, and certainty in workplace relations, as it provided clear and straightforward terms that facilitated efficient enterprise bargaining. The Commission also found that the agreement did not adversely affect employees' ability to resolve workplace issues and that the process of bargaining was conducted in good faith. Based on these findings, the Commission approved the agreement, finding that it met the criteria for approval under the Fair Work Act 2009.

The Commission's decision to approve the agreement was based on a detailed analysis of the proposed terms and conditions, the bargaining process, and the context in which the agreement was negotiated. The Commission found that the agreement provided for a fair and efficient system of enterprise bargaining and that it promoted simplicity, flexibility, and certainty in workplace relations. The Commission also found that the agreement did not adversely affect employees' ability to resolve workplace issues and that the bargaining process was conducted in good faith. The Commission's decision to approve the agreement reflects its view that the proposed terms and conditions are consistent with the objectives of the Fair Work Act 2009 and promote a fair and efficient system of enterprise bargaining.

The Commission approved the Lyndoch Living (Health and Allied Services, Managers and Administrative Officers) Enterprise Agreement 2016-2020, finding that it met the criteria for approval under the Fair Work Act 2009. The Commission found that the agreement promoted simplicity, flexibility, and certainty in workplace relations, provided for a fair and efficient system of enterprise bargaining, and did not adversely affect employees' ability to resolve workplace issues. The Commission also found that the bargaining process was conducted in good faith. The approval of the agreement ensures that the terms and conditions of employment for health and allied services, managers and administrative officers are fair and reasonable, and that the process of enterprise bargaining is conducted in a manner that promotes simplicity, flexibility, and certainty in workplace relations.

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