Victorian Hospitals' Industrial Association T/A Victorian Hospitals Industrial Association

[2025] FWC 2387

[2025] FWC 2387

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.251—Single interest employer authorisation

Victorian Hospitals’ Industrial Association T/A Victorian Hospitals Industrial Association

(B2025/1148)

DEPUTY PRESIDENT CLANCY MELBOURNE, 15 AUGUST 2025

Application by Victorian Hospitals Industrial Association to vary a single interest employer authorisation by removing the names of two employers and adding a new employer – granted.

1. On 17 December 2024, I made a single interest employer authorisation (SIEA)[1] pursuant to s.249 of the Fair Work Act 2009 (the Act) in relation to a proposed enterprise agreement to be known as the Dental Therapists, Dental Hygienists and Oral Health Therapists’(Victorian Community Health Centres) (Single-interest Employer) Enterprise Agreement 2024-2026 (Proposed Agreement). Amongst the employers covered by the SIEA were Banyule Community Health and Ranges Community Health and the employees to be covered by the Proposed Agreement are dental therapists, dental hygienists and oral health therapists. Subsequent to the making of the SIEA, Banyule Community Health merged with Merri Community Health Services Limited under the new name Holstep Health, and Ranges Community Health merged with Access Health and Community Limited.

1. An application to vary the SIEA has been made by the Victorian Hospitals’ Industrial Association (VHIA) under s.251 of the Act. Holstep Health and Access Health and Community Limited have authorised VHIA to make the application on their behalf and, pursuant to s.251(1)(a), they seek for the SIEA to be varied so that Banyule Community Health and Ranges Community Health are removed from it. I am satisfied the views of the employers specified in the SIEA and the bargaining representatives of their employees have been sought in relation to the application. I note that no responses have been received from any of the employers and that the Health Services Union Victoria No. 3 Branch, trading as the Victorian Allied Health Professionals Association (HSU), which is the bargaining representative of the employees, has indicated that it neither supports nor opposes the application.

1. VHIA has advised that all Banyule Community Health employees transferred to Holstep

Health following its merger with Merri Community Health Services Limited and that it no longer employs dental therapists, dental hygienists and oral health therapists. These employees are now covered by the Holstep Health Enterprise Agreement 2024 – 2027, which was approved by the Commission on 17 April 2025. For these reasons, VHIA submits, and I am satisfied, that it is no longer appropriate for Banyule Community Health to be specified in the SIEA. VHIA has also advised that Ranges Community Health no longer employs dental therapists, dental hygienists and oral health therapists because all of its employees transferred to Access Health and Community Limited as a result of a merger. VHIA contended, and I am satisfied, that because any dental therapists, dental hygienists and oral health therapists will be covered by the Proposed Agreement by virtue of Access Health and Community Limited being specified in the SIEA, it is no longer appropriate for Ranges Community Health to be specified in the SIEA.

1. VHIA is also authorised by Bellarine Community Health Ltd to act in relation to bargaining for the Proposed Agreement. Pursuant to s.251(3)(a) of the Act, VHIA seeks a variation to add Bellarine Community Health Ltd to the SIEA. I am satisfied the employers specified in the SIEA and the bargaining representatives of their employees have had an opportunity to express to the Commission their views on the application. The VHIA provided a draft of the application to the employers to identify whether any of them had an issue with it and have advised that no responses were received. I also note that the HSU, as the bargaining representative of the employees, has confirmed that it supports the variation application. Further, the material before the Commission satisfies me that no person has either coerced or threatened to coerce Bellarine Community Health Ltd to make the variation application.

1. When I made the SIEA, I was satisfied that the employers to be covered were common interest employers. I am satisfied that the common interest employer test in s.249(3) of the Act would continue to be met if Bellarine Community Health Ltd’s name was added to the SIEA and further, that its geographical location, the regulatory regime under which it operates, the nature of its enterprise and the terms and conditions of employment that apply to it are reasonably comparable with those of the employers specified in the SIEA. In addition, the VHIA has made a range of submissions that have persuaded me that it would not be contrary to the public interest if the name of Bellarine Community Health Ltd was added to the employers specified in the SIEA. As I am satisfied that the requirements in s.251(4) of the Act are met, I must also vary the SIEA to add the name of Bellarine Community Health Ltd. An Order varying the SIEA will be issued separately.[2]

DEPUTY PRESIDENT

[1] PR782533.

[2] PR790713.

Printed by authority of the Commonwealth Government Printer

<PR790712>