Health Purchasing Victoria T/A Healthshare Victoria

[2024] FWCA 821

[2024] FWCA 821

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Health Purchasing Victoria T/A Healthshare Victoria

(AG2024/403)

HEALTHSHARE VICTORIA ENTERPRISE AGREEMENT 2023

State and Territory government administration
COMMISSIONER YILMAZ	MELBOURNE, 5 MARCH 2024

Application for approval of the HealthShare Victoria Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the HealthShare Victoria Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Health Purchasing Victoria T/A Healthshare Victoria (the Applicant). The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

1. The Agreement is approved and in accordance with s.54, will operate from 12 March 2024. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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