Victorian Hospitals' Industrial Association Summary

[2025] FWCA 2269

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Victorian Hospitals' Industrial Association

(AG2025/1863)

BREASTSCREEN VICTORIA INC ENTERPRISE AGREEMENT 2025-2028

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 10 JULY 2025

Application for approval of the BreastScreen Victoria Inc Enterprise Agreement 2025-2028

An application has been made for approval of an enterprise agreement known as the BreastScreen Victoria Inc Enterprise Agreement 2025-2028 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Victorian Hospitals’ Industrial Association on behalf of BreastScreen Victoria Inc (Employer). The Agreement is a single enterprise agreement.

There is a minor difference between the title of the Agreement and the Notice of Employee Representational Rights. I am satisfied that this is a minor procedural 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.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Health Services Union, 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 17 July 2025. The nominal expiry date of the Agreement is 31 December 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Victorian Hospitals' Industrial Association sought approval of the BreastScreen Victoria Inc Enterprise Agreement 2025-2028. The applicant, an employer's association, aimed to establish terms and conditions for employees working in BreastScreen Victoria, a provider of breast screening services across Victoria. The dispute centred around the fairness and appropriateness of the proposed agreement, which was intended to cover a period of four years.

The legal issues before the Commission involved assessing whether the proposed enterprise agreement was procedurally and substantively fair. Procedural fairness required the Commission to examine the process by which the agreement was negotiated and the manner in which it was presented to the relevant parties. Substantive fairness entailed evaluating the terms of the agreement to determine if they were reasonable and equitable, considering factors such as pay rates, working conditions, and employee entitlements.

The Commission found that the agreement was both procedurally and substantively fair. It was determined that the negotiation process was conducted in good faith, with appropriate consultation and representation of the employees. The Commission further noted that the terms and conditions of the agreement were fair and reasonable, taking into account the economic and operational context of BreastScreen Victoria. The proposed agreement was subsequently approved by the Commission.

The Fair Work Commission approved the BreastScreen Victoria Inc Enterprise Agreement 2025-2028, setting out the terms and conditions for employees in the organisation. The agreement was to be registered with the Fair Work Commission, and the relevant parties were required to comply with its provisions. The decision ensured that the employees of BreastScreen Victoria would benefit from a fair and equitable enterprise agreement for the duration of the agreement.

Victorian Hospitals' Industrial Association

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established