Victorian Hospitals’ Industrial Association

[2017] FWCA 2072

[2017] FWCA 2072

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2017/634)

VICTORIAN PUBLIC MENTAL HEALTH SERVICES ENTERPRISE AGREEMENT 2016-2020

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 20 APRIL 2017

Application for approval of the Victorian Public Mental Health Services Enterprise Agreement 2016-2020.

[1] On 24 February 2017 Victorian Hospitals’ Industrial Association (Applicant) made an application for approval of the Victorian Public Mental Health Services 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 agreement lodged contained errors. On 19 April 2017, the Applicant filed an amended version of the agreement. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act. A list of the corrections is attached in Annexure A.

[4] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[5] 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.

[6] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 27 April 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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ANNEXURE A