DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals’ Industrial Association
(AG2015/5508)

QUEEN ELIZABETH CENTRE HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2012-2016

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 7 OCTOBER 2015

Application for approval of the Queen Elizabeth Centre Health Professionals Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Queen Elizabeth Centre Health Professionals Enterprise Agreement 2012 - 2016 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 14 October 2015. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Hospitals’ Industrial Association sought approval for the Queen Elizabeth Centre Health Professionals Enterprise Agreement 2012-2016 from the Fair Work Commission. The association argued that the agreement, which was entered into with the management of the centre, was in the best interests of the employees. The association claimed that the agreement would provide better conditions and protections for the employees, including improved pay rates and access to training and development opportunities. The dispute centred around whether the agreement met the statutory criteria for approval under the Fair Work Act.

The legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, whether it was in the best interests of the employees, and whether it complied with the procedural requirements of the Fair Work Act. The association argued that the agreement was genuinely an enterprise agreement as it was entered into in good faith and covered a range of employment-related matters. The association also argued that the agreement was in the best interests of the employees, as it provided better conditions and protections than the existing award. Finally, the association argued that the agreement complied with the procedural requirements of the Fair Work Act, including the requirement to give employees the opportunity to vote on the agreement.

The Fair Work Commission found that the agreement was genuinely an enterprise agreement and that it was in the best interests of the employees. The Commission noted that the agreement provided improved pay rates and access to training and development opportunities, which were in line with industry standards. The Commission also found that the agreement complied with the procedural requirements of the Fair Work Act, including the requirement to give employees the opportunity to vote on the agreement. As a result, the Commission approved the agreement.

The Commission's decision was based on a careful consideration of the evidence and arguments presented by the association and the employees. The Commission found that the agreement provided better conditions and protections for the employees than the existing award and that it was in their best interests. The Commission also found that the agreement complied with the statutory requirements for approval under the Fair Work Act. The Commission's decision was therefore in line with the principles of fairness and equity that underpin the Australian industrial relations system.

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