Variation on the Commission’s Own Motion—Health Professionals, Medical Scientists and Support Services (Victoria) State Reference Public Sector Modern Award 2018

[2022] FWCFB 80

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.160—Application to vary a modern award to remove ambiguity or uncertainty or correct error

Variation on the Commission’s Own Motion—Health Professionals, Medical Scientists and Support Services (Victoria) State Reference Public Sector Modern Award 2018

(AM2013/33 and others)

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK DEPUTY PRESIDENT COLMAN COMMISSIONER LEE	MELBOURNE, 27 MAY 2022

Section 160 of the Fair Work Act 2009 (Cth) – Commission acting on its own initiative to correct an error – Health Professionals, Medical Scientists and Support Services (Victoria) State Reference Public Sector Modern Award 2018

In our decision issued on 18 March 2022[1] we confirmed our provisional views about various amendments to the Health Professionals, Medical Scientists and Support Services (Victoria) State Reference Public Sector Modern Award 2018 (Health Award). A draft determination giving effect to our decision was attached. We allowed parties 14 days from the date of the decision to file any comments in relation to the terms of the draft determination. On 29 March 2022 we received correspondence from the Victorian Hospital’s Industrial Association advising that neither it nor the Health Services Union sought to file any further comments.

We confirm that the variations identified in our decision and set out in the draft determination will be made to the Health Award pursuant to s.160 of the Fair Work Act 2009. A final variation determination will be issued shortly, with an operative date of 27 May 2022.

DEPUTY PRESIDENT

[1] [2022] FWCFB 34

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered the application to vary the Health Professionals, Medical Scientists and Support Services (Victoria) State Reference Public Sector Modern Award 2018. The application was made under section 160 of the Fair Work Act 2009, seeking to remove ambiguity, correct errors, or address uncertainty in the award. The Commission had previously issued a draft determination outlining proposed amendments to the award. The Victorian Hospital’s Industrial Association and the Health Services Union did not file further comments, leading to the confirmation of the proposed variations.

The legal issues before the Commission included whether the variations proposed were necessary to correct errors, remove ambiguity, or address uncertainty in the award. The Commission had to determine whether the changes aligned with the purpose of section 160 and whether the amendments would appropriately balance the interests of the employees and employers covered by the award. The Commission also had to consider whether the proposed changes were procedurally correct and whether they had adequately addressed the identified issues without introducing new complications.

The Fair Work Commission confirmed the variations to the Health Award, noting that no further comments were received from the parties involved. The Commission found that the proposed changes were necessary to correct errors and remove ambiguity in the award. The Commission also concluded that the amendments were procedurally sound and would appropriately balance the interests of the employees and employers. The final variation determination, with an operative date of 27 May 2022, was issued to implement the confirmed changes to the award.

The Fair Work Commission issued a final variation determination to amend the Health Professionals, Medical Scientists and Support Services (Victoria) State Reference Public Sector Modern Award 2018. The operative date of the determination is 27 May 2022. The confirmed variations aim to correct errors and remove ambiguity in the award, ensuring that it more accurately reflects the intentions of the legislation and the needs of the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established