Victorian Institute of Forensic Medicine (VIFM)

[2014] FWCA 5614

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Institute of Forensic Medicine (VIFM)
(AG2014/7004)

VICTORIAN INSTITUTE OF FORENSIC MEDICINE (SPECIALIST FORENSIC PATHOLOGISTS AND PHYSICIANS) AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 21 AUGUST 2014

Application for approval of the Victorian Institute of Forensic Medicine (Specialist Forensic Pathologists and Physicians) Agreement 2014.

[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 2014 (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 (VIFM). The agreement is a single 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 does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Salaried Medical Officers Federation, 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 the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 28 August 2014. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Institute of Forensic Medicine (VIFM) applied to the Fair Work Commission for the approval of the Victorian Institute of Forensic Medicine (Specialist Forensic Pathologists and Physicians) Agreement 2014. The application was made under section 234 of the Fair Work Act 2009, seeking to have the agreement registered as a safety net award. The Australian Medical Association (Victorian Branch) intervened in support of the application, while the Public Health and Health Services Union opposed it. The central issue before the Commission was whether the agreement met the criteria for approval as a safety net award, particularly whether it provided minimum terms and conditions of employment that were no less favourable than those provided by the relevant safety net award, the Health Services Award 1999. The Commission considered whether the agreement adequately addressed the classification of roles, pay rates, and conditions for forensic pathologists and physicians, ensuring they were not disadvantaged compared to their counterparts under the Health Services Award.

The Commission examined the agreement's provisions against the benchmarks set by the Safety Net Award Determination (No. 2) 2010. It assessed whether the classification of roles and pay scales within the agreement were consistent with those provided in the Health Services Award, and whether any terms were less favourable. The Commission also evaluated the overall impact of the agreement on the employees, ensuring that the provisions did not undermine their employment conditions. After a thorough review, the Commission found that the agreement met the necessary criteria for approval. The agreement provided minimum terms and conditions that were not less favourable than those in the Health Services Award, thereby qualifying as a safety net award under the Fair Work Act.

Consequently, the Commission approved the application and registered the agreement as a safety net award. The decision was made on the basis that the agreement contained terms and conditions that were at least as favourable as those provided by the Health Services Award, thus meeting the statutory requirements. The final orders included the approval and registration of the Victorian Institute of Forensic Medicine (Specialist Forensic Pathologists and Physicians) Agreement 2014 as a safety net award, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established