ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute arising under Victorian Public Health Sector (Health Professionals, Health and Allied Services, Managers and Administrative Offices) Multiple Enterprise Agreement 2011-2015 (the Agreement) – applicant filed application to determine if some employees performed duties of an Food and Domestic Services Assistants (FDSA) or as reclassified Orderly/Cleaners – annual multi-skilling allowance (allowance) applied to FDSA employees – respondent disputed applicant’s claim that employees were incorrectly classified – respondent contended employees should be classified as Orderly/Cleaner rather than FDSA – employees notified about change in classification and subsequently did not receive allowance payment – allowance not a serious financial impact on these employees and was administrative error – applicant submitted was unfair – affected employees were informed entitlements would not change following reclassification and changed certification requirement – reclassification letter stated employees’ current entitlement would not be affected – further raised timing of delivery of the reclassification letter as not received by employees until 18 June 2015 – allowance due date on its face meant reclassification had not taken place – reclassification process equated to a major workplace change that should have triggered relevant consultation provision – respondent’s evidence indicated consultation obligations were considered but determined change was only administrative – applicant stated rectification of error was a major change – reclassification process was rushed to avoid payment of allowance and to avoid consultative obligations – Commission held classification stream change represented a major change for a group of employees – rejected allowance was not a serious financial impact – employees were arguably lowest paid classification – found employees were deprived of ability to work in other roles through reclassification – evidence suggested no consultation occurred – found reclassification letter misleading and disingenuous – order to be issued addressing payment of allowance to affected employees – concluded there was no utility in directing parties to consult about reclassification given passage of time. Health Services Union v Latrobe Regional Hospital
