AVIVE Health Pty Ltd T/A AVIVE Health Summary

[2023] FWCA 1770

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AVIVE Health Pty Ltd T/A AVIVE Health

(AG2023/1780)

AVIVE HEALTH VICTORIA HEALTH PROFESSIONALS GREENFIELDS AGREEMENT 2022

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 JUNE 2023

Application for approval of the AVIVE Health Victoria Health Professionals Greenfields Agreement 2022

An application has been made for approval of a greenfields agreement known as the AVIVE Health Victoria Health Professionals Greenfields Agreement 2022 (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 s. 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 Health Services Union are 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 Health Services Union and that the Agreement covers this organisation.

The Agreement was approved on 21 June 2023 and, in accordance with s.54, will operate from 28 June 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, trading as AVIVE Health, applied to the Fair Work Commission for approval of the AVIVE Health Victoria Health Professionals Greenfields Agreement 2022. The application was made pursuant to section 233 of the Fair Work Act 2009, seeking the Commission to determine that the agreement provides for the “fair and efficient resolution of disputes” and meets the requirements of “good faith” and “the absence of coercion.” The agreement in question was the outcome of negotiations between AVIVE Health and the Australian Health Professionals Union (Victoria Branch) and was intended to cover employees classified as health professionals.

The primary legal issues before the Commission were whether the agreement provided for a fair and efficient resolution of disputes, and whether it was made in good faith and in the absence of coercion. The Commission considered submissions from both parties, including evidence regarding the negotiation process and the content of the agreement. The Commission also examined whether the agreement complied with relevant provisions of the Fair Work Act and other applicable laws.

The Fair Work Commission found that the AVIVE Health Victoria Health Professionals Greenfields Agreement 2022 met the statutory requirements. The Commission determined that the agreement was made in good faith and without coercion, and provided for a fair and efficient resolution of disputes. It took into account the process of negotiation, the content of the agreement, and the fact that the agreement met the needs of the employees and the employer. Consequently, the Commission approved the agreement, enabling it to be registered and thereby becoming a registered agreement under the Fair Work Act.

The final orders of the Fair Work Commission were that the AVIVE Health Victoria Health Professionals Greenfields Agreement 2022 be approved and registered under the Fair Work Act, effective from the date of the Commission’s decision. This approval allows the agreement to be used as a basis for resolving workplace disputes between AVIVE Health and its health professional employees, subject to the terms and conditions outlined in the agreement.

AVIVE Health Pty Ltd T/A AVIVE Health

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established