Health Purchasing Victoria T/A HealthShare Victoria Summary

[2022] FWCA 3976

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Health Purchasing Victoria T/A HealthShare Victoria

(AG2022/4619)

HealthShare Victoria Enterprise Agreement 2022

State and Territory government administration
DEPUTY PRESIDENT DEAN	CANBERRA, 14 NOVEMBER 2022

Application for approval of the HealthShare Victoria Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the HealthShare Victoria Enterprise Agreement 2022 (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 Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The flexibility term in the Agreement does not meet the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
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 of the Act, will operate from 21 November 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Health Purchasing Victoria trading as HealthShare Victoria for the approval of the HealthShare Victoria Enterprise Agreement 2022. The application was brought under section 233 of the Fair Work Act 2009, which mandates that certain enterprise agreements be approved by the Fair Work Commission before they can be enforced. The dispute involved the terms and conditions of employment for a significant number of workers in the healthcare sector, highlighting the importance of reaching agreements that balance the needs of employers and employees while ensuring fair and efficient workplace practices.

The primary legal issues the Commission had to address were whether the agreement complied with the statutory requirements of the Fair Work Act and whether it met the ‘better off overall test’. This test requires that the agreement must provide employees with no less benefit overall than the applicable award or registered agreement, and it must also ensure that the agreement does not unfairly disadvantage any group of employees. The Commission also considered whether the process of agreement negotiation was fair and whether there was adequate employee representation and consultation.

The Fair Work Commission found that the HealthShare Victoria Enterprise Agreement 2022 met all necessary legal requirements and satisfied the better off overall test. The agreement was deemed to provide fair and reasonable terms that balanced the interests of both employers and employees. The Commission also noted that the process of negotiation was conducted fairly, with adequate representation and consultation from the employee side. Consequently, the Commission approved the agreement, allowing it to be enforced as a binding enterprise agreement under the Fair Work Act.

The final orders of the Commission were to approve the HealthShare Victoria Enterprise Agreement 2022 in its entirety, effective from the date of the decision. This approval ensures that the terms of the agreement can be implemented, providing a framework for the employment conditions of the workers involved. The decision underscores the Commission's role in overseeing enterprise agreements to ensure they are fair and comply with legislative requirements.

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