Healthe Care Valley Pty Ltd trading as Healthe Care

[2025] FWCA 1593

[2025] FWCA 1593

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Healthe Care Valley Pty Ltd trading as Healthe Care

(AG2025/1296)

HEALTHE CARE VICTORIAN HOSPITALS HEALTH PROFESSIONALS AGREEMENT 2024

Health and welfare services
COMMISSIONER REDFORD	MELBOURNE, 16 MAY 2025

Application for approval of the Healthe Care Victorian Hospitals Health Professionals Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Healthe Care Victorian Hospitals Health Professionals Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Healthe Care Valley Pty Ltd t/as Healthe Care (Healthe Care). The Agreement is a single enterprise agreement made by Healthe Care and two related employers:

-Hobson Healthcare Sydenham Pty Ltd; and

-Hobson Healthcare Werribee Pty Ltd

Notice of Employee Representational Rights

1. The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. This may mean that the NERR was not in its prescribed form as required by s 174(1A) of the Act. However, I am satisfied that this is a minor or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.

  Undertakings

1. In response to several issues raised with Healthe Care in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. 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. In accordance with s 190(4) of the Act, the views of the bargaining representatives were sought in relation to these undertakings, who expressed a view resulting in further variation to the form of the final undertaking provided. The undertakings are taken to be a term of the agreement.

2. The undertakings relate to:  

a.Wages – Chief Grade 1 Year 3

b.Casual employee – Overtime trigger

Interaction with the National Employment Standards

1. Clause 7 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement and, where they provide a more favourable outcome to an employee than the provisions of the Agreement, will prevail in that respect (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:   

a.Clause 28(e) of the Agreement, which deals with public holidays, does not expressly provide for an entitlement for employees to refuse to work on a public holiday, within the meaning of s 114 of the Act. On the basis of the NES precedence clause, the superior entitlement provided for in the NES will apply. 

Consideration

1. Subject to the undertakings referred to above, 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.

2. The Health Services Union Victoria No.3 Branch trading as the Victorian Allied Health Professionals Association (VAHPA) 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 VAHPA.

3. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A