Victorian Hospitals’ Industrial Association
[2022] FWC 19
•10 JANUARY 2022
| [2022] FWC 19 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.248—Single interest employer authorisation
Victorian Hospitals’ Industrial Association
(B2021/1294)
| COMMISSIONER BISSETT | MELBOURNE, 10 JANUARY 2022 |
Single interest employer authorisation.
On 23 December 2021 the Victorian Hospitals’ Industrial Association (VHIA) made an application to the Fair Work Commission for a Single Interest Employer Authorisation pursuant to s.248 of the Fair Work Act 2009 (the FW Act) in relation to a proposed enterprise agreement to be known as the Allied Health Professionals (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2021-2025 (Agreement).
Section 248 of the FW 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 sets out the 79 employers intended to be covered by the Agreement in Attachment A to the application (s.248(2)(a) of the FW Act). They are the employers as specified in a Declaration made by the Minister on 15 December 2021 under s.247 of the FW Act (Attachment C to the application).
The application specifies the group of employees who will be covered by the Agreement (s.248(2)(b) of the FW Act). They are employees in the Victorian public health sector (other than those employed solely or predominantly in the provision of public mental health services).
The VHIA has been appointed as the bargaining representative of each of the employers listed in Attachment A to the application. In relation to this proposed new enterprise agreement, the Health Services Union (HSU) is the relevant registered organisation which represents public health services employees. The HSU supports the application by the VHIA for a single interest employer authorisation and did not otherwise seek to be heard on the application.
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 FW 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, I am satisfied, pursuant to s.249(1) of the FW 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 specified in the application are the employers specified in the Declaration made by the Minister under s.247 of the FW Act.
Therefore, in accordance with s.249(1) of the FW 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 which the proposed Agreement is made or twelve months from the day of the Authorisation, whichever is earlier.
The Authorisation[1] giving effect to this decision will be issued separately.
COMMISSIONER
[1] PR737323
Printed by authority of the Commonwealth Government Printer
<PR737322>
0
0
0