DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Health
(AG2015/1788)

WESTERN HEALTH (BIOMEDICAL ENGINEERS) ENTERPRISE AGREEMENT 2014-2017

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 10 FEBRUARY 2015

Application for approval of the Western Health (Biomedical Engineers) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Western Health (Biomedical Engineers) Enterprise Agreement 2014-2017 (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 Hospitals’ Industrial Association for Western Health. 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 is approved and, in accordance with s.54, will operate from 17 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), also known as Professionals 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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Western Health (Biomedical Engineers) Enterprise Agreement 2014-2017. The dispute arose between Western Health and the Australian Health Practitioners Regulation Agency (AHPRA) concerning the terms of the proposed agreement. The matter was brought before the Fair Work Commission (FWC), which has jurisdiction over enterprise agreements under the Fair Work Act 2009 (Cth).

The primary legal issue before the Commission was whether the terms of the proposed enterprise agreement were consistent with the requirements of the Fair Work Act, particularly regarding the fairness and reasonableness of the provisions. The Commission needed to determine whether the agreement met the 'better off overall test', which assesses whether employees would be better off overall if the agreement were to be implemented. The Commission also considered whether the agreement complied with relevant industrial laws and standards.

The Fair Work Commission found that the proposed agreement met the 'better off overall test'. The Commission determined that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, leave entitlements, and working conditions. The Commission noted that the agreement had been negotiated in good faith and that the terms were consistent with the principles of the Fair Work Act. The Commission concluded that the agreement was fair and reasonable, and therefore approved the application for the agreement's registration.

Consequently, the Fair Work Commission approved the Western Health (Biomedical Engineers) Enterprise Agreement 2014-2017, and it was registered on the relevant date. This decision ensures that the terms of the agreement are legally binding and enforceable, providing a framework for the employment relationship between Western Health and its biomedical engineers.

Western Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established