Health Purchasing Victoria T/A HealthShare Victoria

[2025] FWCA 344

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Health Purchasing Victoria T/A HealthShare Victoria

(AG2024/4799)

HEALTHSHARE VICTORIA ENTERPRISE AGREEMENT 2024

State and Territory government administration
COMMISSIONER FOX	MELBOURNE, 29 JANUARY 2025

Application for approval of the HealthShare Victoria Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the HealthShare Victoria Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

The Community and Public Sector Union being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 5 February 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Health Purchasing Victoria T/A HealthShare Victoria was the subject of an application for the approval of the HealthShare Victoria Enterprise Agreement 2024 before the Fair Work Commission. The dispute centred around the terms and conditions of employment for the employees of HealthShare Victoria, with a focus on the proposed changes outlined in the enterprise agreement. The Fair Work Commission was tasked with reviewing the agreement to ensure it complied with the relevant legislative framework, including the Fair Work Act 2009.

The primary legal issues before the Commission involved the fairness and reasonableness of the proposed enterprise agreement's terms and conditions. This included an assessment of whether the agreement met the criteria for approval under the Fair Work Act, such as ensuring employees were not disadvantaged and that the agreement did not undermine the operation of the modern award system. Additionally, the Commission needed to consider whether the agreement appropriately balanced the interests of both employers and employees, particularly in relation to wages, hours of work, and other employment conditions.

The Fair Work Commission examined the enterprise agreement in detail, considering the submissions from both HealthShare Victoria and the relevant unions. The Commission concluded that the proposed agreement met the necessary criteria for approval. It found that the agreement provided fair and reasonable terms and conditions for employees, did not undermine the modern award system, and appropriately balanced the interests of both parties. As a result, the Commission approved the HealthShare Victoria Enterprise Agreement 2024, recognising its compliance with the statutory requirements and its fairness to all involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established