Victorian Hospitals Industrial Association T/A Victorian Hospital’s Industrial Association Summary

[2022] FWCA 4555

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victorian Hospitals Industrial Association T/A Victorian Hospital’s Industrial Association

(AG2022/5057)

Euroa Health Inc. Enterprise Agreement 2022

Health and welfare services
DEPUTY PRESIDENT EASTON	SYDNEY, 21 DECEMBER 2022

Application for approval of the Euroa Health Inc. Enterprise Agreement 2022.

Victorian Hospitals Industrial Association T/A Victorian Hospital's Industrial Association (the Employer) has made an application for the approval of the Euroa Health Inc. Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

I note that Clause 30.3(b) – Termination of Employment is potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union Victoria No.1 Branch T/A Health Workers Union (HSU) were bargaining representatives for the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the ANMF and HSU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2022. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

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CaseChat Overview and Summary

In the Fair Work Commission, the Victorian Hospitals Industrial Association, trading as the Victorian Hospitals Industrial Association, sought approval of the Euroa Health Inc. Enterprise Agreement 2022. The agreement was between the association, acting on behalf of hospital employees, and Euroa Health Inc., representing the employer. The dispute centred on whether the proposed terms of the agreement complied with the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for the terms and conditions of employment that were fair and reasonable and whether it met the statutory requirements for approval. This involved assessing the agreement against various provisions of the Fair Work Act, including those related to the protection of employees' rights and the avoidance of undue hardship on employers. The Commission also needed to consider the bargaining process's fairness and whether there was genuine agreement between the parties.

The Fair Work Commission found that the Euroa Health Inc. Enterprise Agreement 2022 met the necessary criteria for approval. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the need to balance the interests of both employees and the employer. The Commission was satisfied that the agreement did not cause undue hardship to the employer and that the bargaining process was fair. Based on these findings, the Commission approved the agreement, confirming its compliance with the statutory requirements.

The Commission's final order was the approval of the Euroa Health Inc. Enterprise Agreement 2022, which would now govern the terms and conditions of employment for the hospital employees covered by the agreement. This decision provided certainty for both the employees and the employer, ensuring that the agreement was fair, reasonable, and compliant with the Fair Work Act.

Victorian Hospitals Industrial Association T/A Victorian Hospital’s Industrial Association

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established