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austlii:cth/FWCA/2025/2033
General information, not legal advice.
FWCA
2025-06-19
Original judgment source is linked above.
s.185 - Enterprise agreement
VICTORIAN STAND-ALONE COMMUNITY HEALTH (GENERAL DENTISTS') ENTERPRISE AGREEMENT 2024-2028
Application for approval of the Victorian Stand-Alone Community Health (General Dentists') Enterprise Agreement 2024-2028
[1] An application has been made by Victorian Hospitals' Industrial Association (VHIA) for approval of an enterprise agreement known as the Victorian Stand-Alone Community Health (General Dentists') Enterprise Agreement 2024-2028 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a multi-enterprise agreement.
[2] There is a minor discrepancy between the name of the Agreement and that which is specified in the Notice of Employee Representational Rights. I am satisfied, on the material before me, that this minor procedural or technical error was not likely to have disadvantaged the employees covered by the Agreement. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.
[3] I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
[4] I observe that the following clauses may be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:
Clause 1 of Appendix 2 provides circumstances where an employee may request a flexible working arrangement however appears to omit pregnancy as a reason (see
s 65(1A) of the Act).
Clause 26.4 of the Agreement provides grounds for refusal of an employee's casual conversion request which may be more restrictive than those provided in the Act (see ss 66AAC(4) and (5) of the Act).
Clause 50.5 of the Agreement provides for substitution of public holidays by agreement. Section 115(3) of the Act provides that the substitution of a public holiday with another day only by agreement with an individual employee.
[5] The Agreement is approved and, in accordance with s 54 of the Act will operate from 26 June 2025. The nominal expiry date of the Agreement is 31 December 2027.
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