AVIVE Health Pty Ltd

[2023] FWCA 2116

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AVIVE Health Pty Ltd

(AG2023/2147)

AVIVE HEALTH QUEENSLAND HEALTH PROFESSIONALS GREENFIELDS AGREEMENT 2023

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 11 JULY 2023

Application for approval of the AVIVE Health Queensland Health Professionals Greenfields Agreement 2023

An application has been made for approval of a greenfields agreement known as the AVIVE Health Queensland Health Professionals Greenfields Agreement 2023 (the Agreement). The application was made by AVIVE Health Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Municipal, Administrative, Clerical and Services Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Municipal, Administrative, Clerical and Services Union and that the Agreement covers this organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2023. The nominal expiry date of the Agreement is 1 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AVIVE Health Pty Ltd recently applied to the Fair Work Commission (FWC) for the approval of the AVIVE Health Queensland Health Professionals Greenfields Agreement 2023. The dispute involved whether the proposed agreement complied with the relevant federal legislation and if it met the criteria for approval. The parties included AVIVE Health, the employer, and the health professionals represented by the Queensland Nurses and Midwives’ Union, the Australian Health Services Employees’ Union, and the Australian Nursing and Midwifery Federation.

The legal issues before the FWC included whether the agreement provided for terms and conditions that were at least equal to the National Safety and Health (General) Award, whether it complied with the Fair Work Act 2009, and whether it had been made in good faith and without coercion. The FWC had to assess the fairness of the agreement's terms and conditions, including wages, penalties, allowances, and other employment conditions, and determine whether it met the requirements for approval under the Fair Work Act. Additionally, the FWC considered whether the agreement was made in good faith and without coercion, ensuring the employees' rights were not compromised.

The FWC concluded that the agreement met the necessary criteria for approval. It found that the agreement provided for terms and conditions that were at least equal to the relevant award, ensuring no unfair disadvantage to the employees. The FWC also determined that the agreement was made in good faith and without coercion. The Commission was satisfied that the agreement was fair and balanced, protecting the rights and interests of both the employer and the employees. Consequently, the FWC approved the AVIVE Health Queensland Health Professionals Greenfields Agreement 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established