News
24th December, 2020
Fairwork Commission deciding whether Health Select must return to the bargaining table.
Since 5 March 2020 Health Select Services Pty Ltd (Health Select) have refused to bargain with its employees for a new enterprise agreement following their decision to unilaterally terminate bargaining to replace the Health Select Services Pty Ltd Agreement 2010.
As members will be aware, since 5 March 2020 Health Select Services Pty Ltd (Health Select) have refused to bargain with its employees for a new enterprise agreement following their decision to unilaterally terminate bargaining to replace the Health Select Services Pty Ltd Agreement 2010 (which expired on 19 December 2013). Health Select terminated bargaining with its employees by asserting that an ‘impasse’ had been reached between the parties.
On 22 June 2020 the Victorian Ambulance Union Incorporated (VAU) as a nominated bargaining representative made an application for a good faith bargaining order in the Fair Work Commission (FWC). The purpose of this Application was to ask the FWC to intervene and order Health Select back to the bargaining table by arguing that it had breached the good faith bargaining requirements under the Fair Work Act 2009 (Cth) (FW Act). Specifically, in this Application, we argued that Health Select:
- breached the requirement in bargaining to attend and participate in meetings at reasonable times by refusing to have further bargaining;
- failed to give genuine consideration to the proposals of other bargaining representatives or give reasons for the bargaining representatives responses to those proposals; and
- engaged in conduct that was unfair and capricious that undermined collective bargaining, by, among other conduct, determining unilaterally that bargaining had come to end without proper basis.
In our application we asked the FWC to make orders requiring Health Select to continue to meet with bargaining representatives in further bargaining meetings and before the Commission to ensure the bargaining is conducted as efficiently as possible.
Why this case matters
Although the bargaining application was made against Health Select, the concerns raised in our application i.e. whether one bargaining party (in this case, the employer) has the power under the FW Act to unilaterally end enterprise bargaining (other than, for example, putting an agreement to a vote), raised questions for determination by the FWC whose answers will impact not only every VAU member, but all employees seeking to negotiate collective enterprise agreements and regardless of what industry they are engaged in. It is a case which goes to the heart of the intention and purpose of collective bargaining under the FW Act.
Next Steps
The FWC reserved its decision at the conclusion of the hearing. The VAU expect a written decision to be issued shortly. Members will be advised of the outcome once known.
If you have any questions, please contact NEPT organiser:
- Kerry Mclean on 0480 194 783 or
- Bruce Fine on 0480 194 711.
In solidarity,