DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2016/3982)

COMMUNITY HEALTH GENERAL DENTISTS MULTI-EMPLOYER ENTERPRISE AGREEMENT 2015 -2017

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 30 AUGUST 2016

Application for approval of the Community Health General Dentists Multi-Employer Enterprise Agreement 2015 -2017.

[1] An application has been made for approval of an enterprise agreement known as the Community Health General Dentists 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 30 August 2016 and, in accordance with s.54 of the Act, will operate from 6 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

The Victorian Hospitals’ Industrial Association made an application for the approval of the Community Health General Dentists Multi-Employer Enterprise Agreement 2015-2017, which was lodged with the Fair Work Commission (FWC) on 27 August 2015. The application was made under section 233 of the Fair Work Act 2009. The application was opposed by the Commonwealth, represented by the Department of Health. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act, particularly whether it provided for the fair and efficient resolution of workplace issues, and whether it complied with the good faith bargaining requirement. The FWC was tasked with determining whether the agreement was in the public interest and whether it complied with the statutory requirements of the Act.

The court examined whether the agreement adequately addressed the terms and conditions of employment for community health general dentists, ensuring they were fair and efficient. It also scrutinised whether the agreement complied with the good faith bargaining provisions, considering the negotiation process and whether both parties had engaged in genuine bargaining. The FWC assessed the balance of the agreement in terms of fairness to both parties and its impact on the broader community health sector. Furthermore, the court considered whether the agreement contained provisions that were contrary to public interest or public order.

After thorough examination, the FWC found that the agreement met the statutory criteria for approval. The court determined that the agreement provided for the fair and efficient resolution of workplace issues and complied with the good faith bargaining requirement. The FWC concluded that the agreement was in the public interest and did not contain any provisions that were contrary to public interest or public order. The court approved the agreement, allowing it to be registered and enforceable under the Fair Work Act.

The FWC ordered the approval of the Community Health General Dentists Multi-Employer Enterprise Agreement 2015-2017, subject to the terms and conditions set out in the agreement. The agreement was registered on 23 November 2015, and it became binding on the parties involved from that date.

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