Victorian Hospitals' Industrial Association
[2022] FWC 1009
| [2022] FWC 1009 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.248 - Application for a single interest employer authorisation
Victorian Hospitals' Industrial Association
(B2022/376)
| COMMISSIONER WILSON | MELBOURNE, 6 MAY 2022 |
Single interest employer authorisation
The following employers have made an application under s 248 of the Fair Work Act 2009 (the Act) for the Commission to make a single interest employer authorisation in relation to a proposed enterprise agreement(Proposed Agreement) which is intended to replace the agreement presently covering the relevant employers, specifically, the Victorian Public Health Sector (Medical Scientists, Pharmacists and Psychologists) Single Interest Enterprise Agreement 2017-2021 which commenced on 28 December 2017 and reached its nominal expiry date on 24 January 2021. The employers which will be covered by the proposed agreement are listed below:
· Albury Wodonga Health
· Alexandra District Health
· Alfred Health
· Alpine Health
· Austin Health
· Bairnsdale Regional Health Service
· Ballarat Health Services
· Barwon Health
· Bass Coast Health
· Beechworth Health Service
· Benalla Health
· Bendigo Health
· Calvary Health Care Bethlehem Limited
· Castlemaine Health
· Central Gippsland Health Service
· Central Highlands Rural Health
· Colac Area Health
· Corryong Health
· East Grampians Health Service
· East Wimmera Health Service
· Eastern Health
· Echuca Regional Health
· Gippsland Southern Health Service
· Goulburn Valley Health
· Hesse Rural Health Service
· Heywood & District Memorial Hospital
· Kerang District Health
· Kilmore & District Hospital
· Kooweerup Regional Health Services
· Kyabram and District Health Service
· Latrobe Regional Hospital
· Maldon Hospital
· Mansfield District Hospital
· Maryborough District Health Service
· Melbourne Health
· Mercy Hospitals Victoria Limited
· Mildura Base Public Hospital
· Monash Health
· Moyne Health Services
· NCN Health
· Northeast Health Wangaratta
· Northern Health
· Omeo District Health
· Orbost Regional Health
· Peninsula Health
· Peter MacCallum Cancer Institute
· Portland District Health
· Queen Elizabeth Centre
· Robinvale District Health Services
· Rochester & Elmore District Health Service
· Royal Victorian Eye & Ear Hospital
· Rural Northwest Health
· Seymour Health
· South West Healthcare
· St Vincent’s Hospital (Melbourne) Limited
· Stawell Regional Health
· Swan Hill District Health
· Tallangatta Heath Service
· Terang and Mortlake Health Services
· The Royal Children’s Hospital
· The Royal Women’s Hospital
· Timboon & District Healthcare Service
· Tweddle Child & Family Health Service
· Victorian Clinical Genetics Services Limited
· West Gippsland Healthcare Group
· West Wimmera Health Service
· Western District Health Service
· Western Health
· Wimmera Health Care Group
· Yarram and District Health Service
· Yarrawonga Health
· Yea & District Memorial Hospital
Section 248 of the Act provides as follows:
248 Single interest employer authorisations
(1)Two or more employers may apply to the FWC for an authorisation (a single interest employer authorisation) under section 249 in relation to a proposed enterprise agreement.
Note: The effect of a single interest employer authorisation is that the employers are single interest employers in relation to the agreement (see paragraph 172(5)(c)).
(2) The application must specify the following:
(a) the employers that will be covered by the agreement;
(b) the employees who will be covered by the agreement;
(c)the person (if any) nominated by the employers to make applications under this Act if the authorisation is made.
The application was initially made on 29 April 2022 by the Victorian Hospitals’ Industrial Association (VHIA).
The application specifies the 72 applicants as the employers intended to be covered by the Agreement (s 248(2)(a) of the Act). The employers are Victorian public health providers who are responsible for providing a range of public health services to Victorians, predominantly within the community immediately surrounding each employer.
The application also specifies the group of employees who will be covered by the Agreement (s.248(2)(b)). They are the following employees who are engaged by the above employers:
· Audiologists
· Dietitians
· Medical Physicists
· Medical Scientists
· Clinical Perfusionists
· Pharmacists
· Psychologists
· Genetic Counsellors
The employers and employees specified are covered by the the Victorian Public Health Sector (Medical Scientists, Pharmacists and Psychologists) Single Interest Enterprise Agreement 2017-2021 which commenced on 28 December 2017 and reached its nominal expiry date on 24 January 2021.
Each employer has appointed the VHIA as its bargaining representative. The Health Services Union (HSU) is the relevant registered organisation representing the specified employees.
The effect of the authorisation sought is to allow two or more single interest employers to bargain together in relation to a new enterprise agreement. Section 249 of the Act specifies when the Commission must make a single interest employer authorisation:
249 When the FWC must make a single interest employer authorisation
Single interest employer authorisation
(1)The FWC must make a single interest employer authorisation in relation to a proposed enterprise agreement if:
(a) an application for the authorisation has been made; and
(b) the FWC is satisfied that:
(i)the employers that will be covered by the agreement have agreed to bargain together; and
(ii)no person coerced, or threatened to coerce, any of the employers to agree to bargain together; and
(c)the requirements of either subsection (2) (which deals with franchisees) or (3) (which deals with employers that may bargain together for a proposed enterprise agreement) are met.
Franchisees
(2)The requirements of this subsection are met if the FWC is satisfied that the employers carry on similar business activities under the same franchise and are:
(a) franchisees of the same franchisor; or
(b) related bodies corporate of the same franchisor; or
(c) any combination of the above.
Employers that may bargain together for the agreement
(3)The requirements of this subsection are met if the FWC is satisfied that all of the employers are specified in a declaration made under section 247 in relation to the agreement.
Operation of authorisation
(4) The authorisation:
(a) comes into operation on the day on which it is made; and
(b) ceases to be in operation at the earlier of the following:
(i)the day on which the enterprise agreement to which the authorisation relates is made;
(ii)12 months after the day on which the authorisation is made or, if the period is extended under section 252, at the end of that period.”
Having considered the material before me, including the matters set out in application form dated 29 April 2022, I am satisfied, pursuant to s 249(1) of the Act, that the employers who will be covered by the proposed Agreement have agreed to bargain together. I am also satisfied that no person has coerced, or threatened to coerce, any of those employers, to bargain in this way.
I am satisfied that the employers listed are those specified in the declaration made by the Minister on 24 June 2021 under s 247 of the Act, subject to one exception. The application states that Djerriwarrh Health Service is no longer a legal entity and has now merged with Western Health and due to this is not included in the employers listed.
Therefore, in accordance with s 249(1) of the Act, I must make a single interest employer authorisation in relation to the proposed Agreement.
The authorisation will come into operation on the day on which it is made, which is the date of this decision. The authorisation will cease to be in operation on the day on which the proposed Agreement is made or 12 months from the date of the authorisation, subject to any extension pursuant to s 252 of the Act.
The authorisation[1] giving effect to this decision will be issued separately.
COMMISSIONER
[1] PR741175
Printed by authority of the Commonwealth Government Printer
<PR741176>
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