DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2016/7282)

VICTORIAN PUBLIC HEALTH SECTOR (HEALTH AND ALLIED SERVICES, MANAGERS AND ADMINISTRATIVE WORKERS) SINGLE INTEREST ENTERPRISE AGREEMENT 2016-2020

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 8 DECEMBER 2016

Application for approval of the Victorian Public Health Sector (Health and Allied Services, Managers and Administrative Workers) Single Interest Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Public Health Sector (Health and Allied Services, Managers and Administrative Workers) Single Interest Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victorian Hospitals’ Industrial Association. The agreement is a single-enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2016. The nominal expiry date of the Agreement is 30 September 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Hospitals’ Industrial Association brought an application to the Fair Work Commission seeking approval of the Victorian Public Health Sector (Health and Allied Services, Managers and Administrative Workers) Single Interest Enterprise Agreement 2016-2020. The respondents, the Victorian Government Department of Health and Human Services and the Department of Jobs, Precincts and Regions, opposed the application, arguing that the agreement contained unfair terms and conditions. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it was in the interests of the employees and whether it contained unfair terms.

The court found that the agreement met the criteria for approval. The court considered the evidence presented by both parties and found that the agreement contained terms and conditions that were fair and reasonable, taking into account the needs of both the employees and the employers. The court also found that the agreement was in the best interests of the employees, as it provided for a range of benefits and protections, including pay rates, leave entitlements, and workplace health and safety provisions. The court further found that the agreement did not contain any terms that were unfair within the meaning of the Fair Work Act.

The Fair Work Commission approved the agreement, subject to certain modifications to ensure that it met the requirements of the Act. The court made orders approving the agreement with the modifications, and the agreement came into effect on 1 July 2020. The court also made orders for the agreement to be registered with the Fair Work Commission and for the parties to take such steps as were necessary to give effect to the agreement. The court's decision provides clarity on the approval process for enterprise agreements and the factors that the court will consider when determining whether an agreement meets the criteria for approval.

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