Health Purchasing Victoria T/A Healthshare Victoria Summary

[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

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.

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.

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.

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.

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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CaseChat Overview and Summary

The case involves an application by Health Purchasing Victoria, trading as HealthShare Victoria, to the Fair Work Commission for approval of the HealthShare Victoria Enterprise Agreement 2023. The nature of the dispute centres on whether the proposed agreement complies with the necessary legislative and regulatory requirements for enterprise agreements within the public sector. The court was required to decide whether the agreement was made in good faith, whether it was fairly negotiated, and whether it met the specific criteria outlined in the Public Sector Management Act 1994 and the Fair Work Act 2009.

The primary legal issues before the court were the interpretation and application of these legislative provisions to the proposed agreement. The court had to examine whether the agreement included all the necessary terms and conditions, such as pay rates, classification, and other employment-related matters. It also needed to determine whether the agreement adhered to the statutory requirements for public sector enterprise agreements, particularly concerning the public interest and the need to maintain efficient and effective public services. Additionally, the court assessed whether the process of negotiation and agreement-making was conducted in a manner that was transparent, fair, and in good faith.

The Fair Work Commission, after thorough consideration of the evidence and arguments presented, found that the HealthShare Victoria Enterprise Agreement 2023 met all the necessary statutory requirements. The Commission concluded that the agreement was made in good faith, was fairly negotiated, and included all necessary terms and conditions. The Commission noted that the agreement balanced the interests of the employees and the employer while also considering the broader public interest. The Commission was satisfied that the agreement would not have an adverse impact on the efficient and effective delivery of public services. Therefore, the Commission approved the agreement, and the application was successful.

Health Purchasing Victoria T/A Healthshare Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established