Victorian Institute Of Forensic Medicine

[2024] FWCA 630

[2024] FWCA 630

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victorian Institute Of Forensic Medicine

(AG2024/212)

VICTORIAN INSTITUTE OF FORENSIC MEDICINE (SPECIALIST FORENSIC PATHOLOGISTS AND PHYSICIANS) AGREEMENT 2023-2027

State and Territory government administration
COMMISSIONER ALLISON	MELBOURNE, 19 FEBRUARY 2024

Application for approval of the Victorian Institute of Forensic Medicine (Specialist Forensic Pathologists and Physicians) Agreement 2023-2027

1. An application has been made for approval of an enterprise agreement known as the Victorian Institute of Forensic Medicine (Specialist Forensic Pathologists and Physicians) Agreement 2023-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Victorian Institute Of Forensic Medicine. The Agreement is a single enterprise agreement.

1. 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.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Australian Salaried Medical Officers Federation (ASMOF), 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) I note that the Agreement covers ASMOF. The Australian Medical Association (AMA) is a signatory to the Agreement, and collaborated with ASMOF during bargaining, noting members of the AMA are also members of ASMOF. As the AMA is not an ’employee organisation’ for the purposes of s 12 of the Act, the AMA has not sought to be covered by the Agreement. However, I note that the AMA has a special role as a defined “Association” in the Agreement.

1. I observe that clause 28 of the Agreement, relating to compassionate leave, does not provide an entitlement to compassionate leave in circumstances where a child is stillborn, inconsistent with s.104 of the Act. However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards (NES) will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2024. The nominal expiry date of the Agreement is 31 August 2027.

COMMISSIONER

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