DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2016/5307)

VICTORIAN COMMUNITY HEALTH GENERAL DENTISTS (NORTH RICHMOND, HEALTHABILITY & SUNRAYSIA) MULTI-EMPLOYER ENTERPRISE AGREEMENT 2015-2017

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 20 SEPTEMBER 2016

Application for approval of the Victorian Community Health General Dentists (North Richmond, Healthability & Sunraysia) Multi-Employer Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Community Health General Dentists (North Richmond, Healthability & Sunraysia) Multi-Employer Enterprise Agreement 2015-2017 (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 multi-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 Agreement was approved in Chambers on 20 September 2016 and, in accordance with s.54 of the Act, will operate from 27 September 2016. The nominal expiry date of the Agreement is 1 July 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Victorian Hospitals’ Industrial Association, the applicant sought approval for a multi-employer enterprise agreement between various health services and dental practitioners. The dispute arose in the Fair Work Commission, Australia's industrial relations tribunal, where the applicant aimed to have the agreement recognised as a registered instrument under the Fair Work Act 2009. The nature of the dispute centred on whether the agreement met the statutory requirements for registration and if the process of its negotiation was fair and appropriate.

The central legal issues before the Commission involved the assessment of whether the agreement complied with the legislative criteria for registration and whether it was genuinely negotiated between the parties. The Commission had to determine if the agreement met the good faith negotiation requirement, was sufficiently detailed, and was appropriate for the bargaining context. Additionally, the Commission needed to examine if the agreement provided for minimum wages, conditions, and dispute resolution mechanisms as mandated by law.

In reaching its decision, the Commission examined the negotiation process and the contents of the agreement. The applicant demonstrated that the agreement was the product of genuine negotiations and provided for the necessary minimum terms and conditions. The Commission found that the agreement was sufficiently detailed and met the statutory requirements for registration. Furthermore, the Commission concluded that the agreement was appropriate for the bargaining context, as it addressed the specific needs and circumstances of the parties involved. The Commission approved the agreement, recognising it as a registered instrument under the Fair Work Act 2009.

The final orders included the approval of the Victorian Community Health General Dentists (North Richmond, Healthability & Sunraysia) Multi-Employer Enterprise Agreement 2015-2017 as a registered instrument. The agreement was to be listed on the Register of Certified Agreements and would be in effect until the parties decided to terminate it or a new agreement was made and registered.

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