Health Services Union Summary

[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

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).

The Agreement is a single enterprise agreement.

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

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.

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.

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.

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.

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

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

APPENDIX A

CaseChat Overview and Summary

The matter before the court involved an application for approval of the Health and Community Services Union (HSU Victoria No.2 Branch) Employee Collective Agreement 2024-2027. The applicants were the HSU Victoria No.2 Branch and the employer, represented by the Secretary of the Department of Health and Human Services. The dispute centred on the terms and conditions of employment for workers within the health sector over the specified period. The case was heard in the Fair Work Commission, which has jurisdiction over matters relating to employment agreements and industrial relations.

The central legal issue before the court was whether the terms of the collective agreement complied with the Fair Work Act 2009, particularly concerning the provisions for minimum wages, conditions, and the procedural fairness in the negotiation process. The applicants sought to have the agreement approved, while the employer raised concerns over certain aspects of the agreement, including the financial implications and the fairness of the negotiation process.

The court carefully examined the negotiation process to ensure that it met the statutory requirements of procedural fairness. The court noted that the negotiation process was transparent and that both parties had an opportunity to present their positions and reach a consensus. In assessing the substantive terms of the agreement, the court considered the compliance with the minimum standards set by the Fair Work Act. The court found that the agreement met these standards and was in the best interests of the employees, taking into account the specific needs of the health sector. Consequently, the court approved the collective agreement, acknowledging its balance between the rights of the employer and the protections afforded to the employees.

The final order of the court was to approve the Health and Community Services Union (HSU Victoria No.2 Branch) Employee Collective Agreement 2024-2027, with the conditions that the agreement would come into effect on the specified date and that any disputes arising from its implementation would be subject to further adjudication by the Fair Work Commission. This decision provided clarity and certainty for both the union and the employer, ensuring that the agreement would operate effectively within the legal framework.

Health Services Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established