PR934693 AG823568 PR934693 Download Word Document The attached document replaces the Full Bench decision previously issued with the code AG823568 PR930431 on 15 April 2003. The Print Id. in the code has been amended. Margaret Scanlon Associate to Senior Deputy President Watson Dated 14 July 2003 AG823568 PR934693 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 s.170LC certification of a multi-business agreement Victorian Hospitals' Industrial Association and Health Services Union of Australia (AG2003/2547) HEALTH SERVICES UNION OF AUSTRALIA ADMINISTRATIVE OFFICERS VICTORIAN PUBLIC SECTOR MULTI EMPLOYER CERTIFIED AGREEMENT 2002 - 2006 Various employees Health and welfare services SENIOR DEPUTY PRESIDENT WATSON SENIOR DEPUTY PRESIDENT LACY COMMISSIONER O'CONNOR MELBOURNE, 15 APRIL 2003 Certification of Division 2 agreement with organisation(s) of employees. REASONS FOR DECISION [1] Further to the decision given in transcript on 15 April 2003, the following are our reasons for decision. [2] The Victorian Hospitals' Industrial Association (VHIA) and Health Services Union of Australia (HSUA) have applied under Part VIB of the Workplace Relations Act 1996 (the Act) for the certification of an agreement to be known as the Health Services Union of Australia Administrative Officers Victorian Public Sector Multi Employer Certified Agreement 2002 - 2006 (the agreement). [3] The parties to the agreement are the HSUA and various Victorian public health institutions listed in Schedule A to the agreement and represented by the VHIA in the hearing of 15 April 2003. The agreement covers numerous employers who employ collectively 3,607 health workers. [4] We are satisfied on the material before us that the agreement applies to the business carried out by more than one employer. It is therefore a "multi-business agreement" within the meaning of s.170LC of the Act. [5] The provisions of s.170LC(3) of the Act require that a Full Bench of the Commission certify multi-business agreements. [6] We are satisfied that the relevant statutory requirements governing the certification of multi-business agreements have been met. In particular, we are satisfied that the public interest requirement of s.170LC(4) has been met. In reaching our conclusion we have had regard to the public interest grounds set out in the statutory declarations filed by the parties and the submissions made in the hearing. We are satisfied that the public interest test is met on the basis of the following grounds: · the agreement, apart from providing improved common conditions of employment, provides for the creation of improved classification structures designed to enhance recruitment and retention and service delivery on a consistent basis across the public health sector; · the employers party to the agreement must comply with common standards of service delivery and patient care by virtue of Health Service Agreements made pursuant to the Health Service Act 1988 (Victoria); · the hospitals and other agencies to be bound by the agreement are required to function in a collaborative and complimentary fashion, rather than engage in competitive conduct; and · the Agreement creates an Agreement Implementation Committee comprising the HSUA, the VHIA and the Victorian Department of Human Services to centrally address key issues of common relevance across the public health institutions bound by the agreement and their employees. [7] In our view, the matters dealt with in the agreement could not be more appropriately dealt with by an agreement, other than a multi-business agreement, under Part VIB of the Act. [8] We are satisfied that the other relevant requirements of the Act and the Rules have been complied with, specifically: · the agreement passes the no-disadvantage test; · the process adopted by the parties for consultation and communication in relation to the terms of the agreement was appropriate; · a valid majority of persons whose employment would be subject to the agreement have genuinely approved it; · the agreement includes procedures for preventing and settling disputes between the parties about matters arising under the agreement; and · the agreement specifies a nominal expiry date not more than three years after the date on which the agreement will come into operation. [9] The agreement will be certified with an operative date of 15 April 2003. It will expire on 31 January 2006. BY THE COMMISSION: SENIOR DEPUTY PRESIDENT Appearances: A Djoneff for the Victorian Hospitals' Industrial Association. T Seymour for the Health Services Union of Australia. T Lee for the Department of Human Services. Hearing details: 2003. Melbourne: April 15. Printed by authority of the Commonwealth Government Printer <Price code B>