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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Victorian Hospitals’ Industrial Association made an application for the approval of the Victorian Public Mental Health Services Enterprise Agreement 2016-2020. The agreement in question was entered into between the Association and the relevant employers. The case was heard in the Fair Work Commission (FWC), a federal body with jurisdiction to approve and oversee enterprise agreements. The primary dispute centred on whether the agreement contained terms that complied with the Fair Work Act 2009 (Cth) and were consistent with the principles of good faith bargaining and the protection of employee rights.

The legal issues before the Commission involved scrutinising the terms of the agreement to ensure they were fair and reasonable. This included assessing whether the agreement provided for adequate pay and conditions, included terms that were necessary to protect employees' health and safety, and complied with relevant legislative standards. The Commission also had to consider if the agreement was the product of genuine efforts to reach an agreement through good faith bargaining.

The Commission found that the agreement was fair and reasonable. The evidence demonstrated that the terms provided for adequate pay and conditions, and were necessary to protect employees' health and safety. The Commission was satisfied that the agreement was the product of genuine efforts to reach an agreement through good faith bargaining. Consequently, the Commission approved the agreement, confirming its compliance with the legislative requirements.

The Fair Work Commission approved the Victorian Public Mental Health Services Enterprise Agreement 2016-2020, finding it to be fair and reasonable, and a product of good faith bargaining. The Commission's approval allows the agreement to be registered with the Australian Industrial Registry, thereby making it a legally binding contract between the parties.

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