Victorian Hospitals' Industrial Association

[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

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Hospitals' Industrial Association sought approval of the Better Health Network Mental Health Services Enterprise Agreement 2022-2026. The dispute was adjudicated by the Fair Work Commission. The core issue before the Commission was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement provided for a fair and efficient workplace, if it adhered to the prescribed minimum terms and conditions, and if it was certified as free from prohibited content. The Commission had to determine if the agreement appropriately balanced the interests of employers and employees, while ensuring that it did not unfairly disadvantage any party.

The Commission's reasoning focused on the agreement's compliance with the statutory requirements set forth in the Fair Work Act. The Commission examined the agreement to ensure that it did not contain any terms that would be detrimental to the employees or the employer. The Commission also assessed if the agreement provided for the fair and efficient resolution of workplace issues, and if it met the criteria for being free from prohibited content as per the Fair Work Regulations. The Commission found that the agreement was comprehensive and had been negotiated in good faith, with adequate consultation between the parties. The agreement provided for a fair and efficient workplace, adhered to the minimum terms and conditions, and was certified as free from prohibited content.

Following its assessment, the Commission approved the Better Health Network Mental Health Services Enterprise Agreement 2022-2026. The agreement was deemed to meet the necessary criteria for approval under the Fair Work Act. The Commission's decision was based on the agreement's compliance with the statutory requirements, its provision for a fair and efficient workplace, and the absence of any prohibited content. The final order of the Commission was to approve the agreement, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established