Victorian Hospitals' Industrial Association
[2023] FWC 3093
•27 NOVEMBER 2023
| [2023] FWC 3093 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.252 - Application to extend single interest employer authorisation
Victorian Hospitals' Industrial Association
(B2023/1264)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 27 NOVEMBER 2023 |
Application to extend single interest employer authorisation in B2022/1759
The Victorian Hospitals’ Industrial Association (VHIA) has applied under s.252 of the Fair Work Act 2009 (Act) to extend the period of a single interest employer authorisation[1] (authorisation) that is presently in operation. The VHIA is an employer association which represents public health sector employers in Victoria. It is also the bargaining representative for the employers covered by the authorisation.
The authorisation was made by the Commission under s.249 of the Act on 2 December 2022 in relation to the proposed Maintenance (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2023-2017. The proposed agreement would apply to 28 employers named in the authorisation and their employees who are undertaking maintenance work.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical, Energy and Services Division – Victorian Divisional Branch, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division - Victorian Divisional Branch, Construction, Forestry, Maritime, Mining and Energy Union, and the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (collectively the Unions) are bargaining representatives on behalf of the employees.
Subject to any extension, the authorisation as made operates for 12 months from 5 December 2023.[2] The application seeks an extension of 2 months.
Section 252 of the Act provides as follows:
“252 Variation to extend period single interest employer authorisation is in operation
(1) A bargaining representative for a proposed enterprise agreement to which a single interest employer authorisation relates may apply to the FWC to vary the authorisation to extend the period for which the authorisation is in operation.
(2) The FWC may vary the authorisation to extend the period if the FWC is satisfied that:
(a) there are reasonable prospects that the agreement will be made if the authorisation is in operation for a longer period;
and
(b) it is appropriate in all the circumstances to extend the period.”
The application and the proposed extension are supported, or not opposed, by each of the Unions.[3]
The grounds of the application include the following:
“10.The VHIA Employers and Respondents have reached an agreement to settle negotiations for a replacement enterprise agreement. The proposed agreement has been drafted to completion and is ready to take to a vote.
11.The VHIA Employers are public sector agencies and must conduct enterprise bargaining in accordance with the Victorian Public Sector Wages Policy (‘Wages Policy’).
12.The Wages Policy establishes the parameters within which public sector employers are required to bargain and make enterprise agreements. The Government ensures public sector bargaining and agreement making occurs within Wages Policy through the Enterprise Bargaining Framework which sets out the approval requirements that public sector agencies must meet before seeking employee approval of final enterprise agreements.
13.Where a final proposed enterprise agreement is settled between the parties, a public sector agency must obtain government approval of the proposed enterprise agreement, costings and funding strategy before commencing the Act pre-approval steps.
14Accordingly, before the Maintenance Employees can be asked to approve the proposed agreement, the VHIA Employers require government approval to conduct a vote. The VHIA Employers are currently awaiting such approval.
15.Such approval is anticipated shortly, but it is extremely unlikely that the proposed agreement will be made before the single interest authorisation ceases operation.
16.The Applicant seeks an extension of two (2) months to ensure the VHIA Employers have received government approval, can meet the pre-approval requirements of the Act and conduct a vote whilst the single interest authorisation is in operation.”
During the hearing of this matter, the Commission was advised that the VHIA had obtained the necessary Victorian government approvals and the access period for the proposed agreement had commenced.
Based upon all the material before the Commission I am satisfied that there are reasonable prospects that the agreement will be made if the authorisation is in operation for a longer period and that it is appropriate in all of the circumstances to extend the period. The proposed extension of two months is appropriate and should be made.
Accordingly, I have granted the application, and this has been confirmed in the Order[4] issued in conjunction with this Decision.
DEPUTY PRESIDENT
Appearances:
D Pullin and M Batchelor for the Victorian Hospitals' Industrial Association.
N Grealy for the Construction, Forestry, Maritime, Mining and Energy Union.
M Sibbald for the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).
A Douglass for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical, Energy and Services Division – Victorian Divisional Branch.
Hearing details:
2023
November 27
Video Hearing.
[1] PR748555 confirmed in [2022] FWC 3191.
[2] PR748555 at [5].
[3] The position of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing. Division - Victorian Divisional Branch was confirmed in writing ahead of the hearing.
[4] PR768641
Printed by authority of the Commonwealth Government Printer
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