Health Services Union

[2025] FWCA 2539

[2025] FWCA 2539

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Health Services Union

(AG2025/2245)

THE HEALTH AND COMMUNITY SERVICES UNION (HSU VICTORIA NO.2 BRANCH) EMPLOYEE COLLECTIVE AGREEMENT 2024-2027

Clerical industry
COMMISSIONER TRAN	MELBOURNE, 31 JULY 2025

Application for approval of the The Health and Community Services Union (HSU Victoria No.2 Branch) Employee Collective Agreement 2024-2027

1. Health Services Union (051V) has applied for approval of an enterprise agreement known as the Health and Community Services Union (HSU Victoria No.2 Branch) Employee Collective Agreement 2024-2027 under s 185 of the Fair Work Act 2009 (Cth).

1. The Agreement is a single enterprise agreement.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

   ·   Clause 35 – Compassionate leave

   ·   Clause 34.4(a)(i) – Personal/carer’s leave

1. Clause 4 of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Employer has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Agreement does not contain a flexibility term or a consultation term that meets the requirements of the Act. Employees were asked to vote to approve the agreement after 26 February 2025. Under ss 202(4), 205(2), and Clause 107 of Schedule 1 of the Act, the model flexibility term and the model consultation term, as prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 7 August 2025.

1. In accordance with clause 9.1, the nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE529900  PR790222>

APPENDIX A