Victorian Hospitals’ Industrial Association

[2022] FWC 2777

[2022] FWC 2777

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.251—Single interest employer authorisation

Victorian Hospitals’ Industrial Association

(B2022/1551)

DEPUTY PRESIDENT CLANCY MELBOURNE, 17 OCTOBER 2022

Application to vary single interest employer authorisation in B2020/376.

1. On 6 May 2022, the Fair Work Commission (the Commission) issued a single interest employer authorisation (the Authorisation)[1] pursuant to s.249 of the Fair Work Act 2009 (the Act). The Authorisation was made to cover some 72 employers in relation to the bargaining process for a proposed enterprise agreement. The Authorisation was made in relation to the Victorian Public Health Sector (Medical Scientists, Pharmacists and Psychologists) Single Interest Enterprise Agreement 2017-2021 (the Agreement). Victorian Hospitals’ Industrial Association (VHIA) is an employer association registered under the Fair Work (Registered Organisations) Act 2009 and has been appointed as the bargaining representative for the employers with the authority to make an application to the Commission for an Authorisation.

1. On 12 October 2022, an application was made pursuant to s.251 of the Act for a variation of the Authorisation.

1. Specifically, the application seeks to remove the following employers’ names because of a change in their circumstances, and for the following to be added instead:

Remove name as per Authorisation	Add Name to the Authorisation
Ballarat Health Services	Grampians Health
Castlemaine Health	Dhelkaya Health
Heywood & District Memorial Hospital	Heywood Rural Health
Kilmore & District Hospital	Kilmore District Health

1. The application also seeks the removal of the following employer names because of a change in their circumstances:

·   Maldon Hospital;

·   Stawell Regional Health; and

·   Wimmera Health Care Group.

1. Section 251 of the Act provide as follows:

“251      Variation of single interest employer authorisations

Variation to remove employer

(1)       An employer specified in a single interest employer authorisation in relation to a proposed enterprise agreement may apply to the FWC for a variation of the authorisation to remove the employer's name from the authorisation.

(2)       If an application is made under subsection (1), the FWC must vary the authorisation to remove the employer's name if the FWC is satisfied that, because of a change in the employer’s circumstances, it is no longer appropriate for the employer to be specified in the authorisation.

Variation to add employer

(3)  An employer that is not specified in a single interest employer authorisation may apply to the FWC for a variation of the authorisation to add the employer’s name to the authorisation.

(4)  If an application is made under subsection (3), the FWC must vary the authorisation to add the employer's name if the FWC is satisfied that:

(a)  each employer specified in the authorisation has agreed to the employer's name being added; and

(b)  no person coerced, or threatened to coerce, the employer to make the application; and

(c)  the requirements of subsection 249(2) or (3) (which deal with franchisees and employers that may bargain together for a proposed enterprise agreement) are met.”

1. Firstly, because of the change in the circumstances of the following employers which I outline below, I am satisfied that it is no longer appropriate for them to be specified in the Authorisation and therefore, pursuant to s.251(2) of the Act, I must vary the Authorisation to remove these names:

a)Ballarat Health Services, on that basis that its name has changed to Grampians Health following a merger with Stawell Regional Health and Wimmera Health Care Group;

b)Castlemaine Health, on that basis that its name has changed to Dhelkaya Health following a merger with Maldon Hospital;

c)Heywood & District Memorial Hospital, on that basis that its name has changed to Heywood Rural Health;

d)Kilmore & District Hospital, on that basis that its name has changed to Kilmore District Health;

e)Maldon Hospital, on the basis that it is no longer a legal entity, having merged with Dhelkaya Health;

f)Stawell Regional Health, on the basis that it is no longer a legal entity, having merged with Grampians Health; and

g)Wimmera Health Care Group, on the basis that it is no longer a legal entity, having merged with Grampians Health.

1. Secondly, I am satisfied that each of Grampians Health, Dhelkaya Health, Heywood Rural Health and Kilmore District Health has agreed to their name being added to the Authorisation and that no person has coerced, or threatened to coerce, any of them to make this application. As such, s.251(4) of the Act requires me to vary the Authorisation and add the names:

·   Grampians Health;

·   Dhelkaya Health;

·   Heywood Rural Health; and

·   Kilmore District Health.

1. An Order varying the Authorisation will be issued in accordance with this Decision.

DEPUTY PRESIDENT

[1] PR741175.

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