Victorian Hospitals' Industrial Association

[2025] FWCA 964

[2025] FWCA 964

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victorian Hospitals' Industrial Association

(AG2025/521)

BETTER HEALTH NETWORK MENTAL HEALTH SERVICES ENTERPRISE AGREEMENT 2022-2026

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 20 MARCH 2025

Application for approval of the Better Health Network Mental Health Services Enterprise Agreement 2022-2026

1. An application has been made for approval of an enterprise agreement known as the Better Health Network Mental Health Services Enterprise Agreement 2022-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victorian Hospitals’ Industrial Association. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. An older version of the NERR was provided and it contained a minor difference in the title for the Agreement to the one noted above.  However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

1. The Australian Nursing and Midwifery Federation 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 organisation.

1. The Agreement is approved and in accordance with s.54, will operate from 27 March 2025. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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