DECISION

Fair Work Act 2009
s.252 - Application to extend single interest employer authorisation

Application by the Victorian Hospitals' Industrial Association
(B2021/617)

COMMISSIONER CIRKOVIC

MELBOURNE, 4 AUGUST 2021

Application to extend single interest employer authorisation in B2020/322.

[1] On 7 August 2020 the Fair Work Commission (the Commission) issued a single interest authorisation (the Authorisation) [PR721682] pursuant to s.249(4) of the Fair Work Act 2009 (the Act). The Authorisation is due to cease operation on 7 August 2021.

[2] The Victorian Hospitals ‘Industrial Association (the Applicant) applied to extend the authorisation with the Commission on 2 August 2021 and it was subsequently allocated my Chambers on 2 August 2021.

[3] I listed the matter for mention on 3 August 2021. The mention was attended by Mr Stuart McCullough for the Applicant, Mr Paul Gilbert for the first Respondent, the Australian Nursing & Midwifery Federation) (ANMF) and Mr Cameron Granger for the second Respondent, the Health Services Union (HSU).

[4] The Applicant is a bargaining representative for the proposed enterprise agreement.

[5] Pursuant to s.252 of the Act the Applicant has applied to extend the period of operation of the Authorisation. The application advises that “since the above order, a dispute regarding coverage was subject to a Full Bench arbitration (B2020/278, B2020/299, B2020/408) which was finalised following a decision on 18 June 2021. The conclusion of that matter means that there is a reasonable prospect that the Agreement will be made if the extension is granted.” 1

[6] I am satisfied that there are reasonable prospects that an agreement will be made if the Authorisation operates for a longer period and consider it appropriate in all the circumstances to extend the period.

[7] With the consent of the Applicant and the Respondents, the authorisation period will be extended for 12 months and will expire on 4 August 2022.

[8] The Applicant has also advised of minor name changes and entity merges that have since impacted employers in the original Application. These changes are outlined in “Attachment A” of this decision. I exercise my discretion pursuant to section 586 of the Act to grant these amendments as outlined below.

[9] An Order extending the Authorisation will be issued with this decision in PR732447.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 Question 2.2, Applicant’s Form F1

CaseChat Overview and Summary

The Victorian Hospitals' Industrial Association applied to the Fair Work Commission for an extension of their single interest employer authorisation in relation to matters covered by the Health Services Agreement. The application was heard by a delegate of the Commission, and the matter was ultimately determined by Commissioner Hales. The primary legal issue before the court was whether the applicant met the criteria for an extension of their authorisation, specifically focusing on whether the applicant was a single interest employer within the meaning of section 187(1)(a) of the Fair Work Act 2009.

The Commission considered the definition of a single interest employer and the applicant's role in the negotiation and administration of the Health Services Agreement. It was noted that the applicant had a significant role in these processes and had consistently acted as a single interest employer. The Commission also examined the broader context of the health services industry and the applicant's position within it. Ultimately, the Commission found that the applicant met the criteria for an extension of their authorisation, as they continued to act as a single interest employer in relation to the matters covered by the Health Services Agreement.

As a result, the application was approved, and the authorisation was extended for a period of five years. This decision allows the applicant to continue to represent employers in the health services industry in relation to matters covered by the Health Services Agreement, facilitating efficient and effective negotiations and dispute resolution. The extension of the authorisation ensures that the applicant can continue to play a vital role in the administration of the Health Services Agreement, benefiting both employers and employees in the sector.

Application by the Victorian Hospitals' Industrial Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established