Victorian Hospitals' Industrial Association

[2023] FWCA 2244

[2023] FWCA 2244

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Victorian Hospitals' Industrial Association

(AG2023/1923)

HEALTH AND ALLIED SERVICES, MANAGERS AND ADMINISTRATIVE WORKERS (VICTORIAN STAND-ALONE COMMUNITY HEALTH SERVICES (MULTI EMPLOYER) ENTERPRISE AGREEMENT 2022 – 2026

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 21 JULY 2023

Application for approval of the Health and Allied Services, Managers and Administrative Workers (Victorian Stand-Alone Community Health Services) (Multi Employer) Enterprise Agreement 2022 – 2026

1. An application has been made for approval of an enterprise agreement known as the Health and Allied Services, Managers and Administrative Workers (Victorian Stand-Alone Community Health Services) (Multi Employer) 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 multi-enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in 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.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. 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) I note that the Agreement covers the organisation.

1. I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

·   Clause 65.5 – Community Service Leave

However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE520826  PR764400>

Annexure A