AVIVE HEALTH VICTORIA SUPPORT SERVICES AGREEMENT 2025

Application for approval of the AVIVE Health Victoria Support Services Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the AVIVE Health Victoria Support Services Agreement 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by AVIVE Health Pty Ltd trading as AVIVE Health (Applicant). The Agreement is a single enterprise agreement.

[2] I note that clause 6 of the Agreement provides that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[3] Clause 47 of the Agreement contains a workplace delegates' rights term. Following the making of the Agreement, the Full Court of the Federal Court of Australia (Court) published a decision relating to delegates' rights terms in modern awards in the matter of[ ]Construction, Forestry and Maritime Employees Union v Australian Industry Group.11 [2025] FCAFC 187. Since that decision and in response to the conclusions of the Court, a Full Bench of the Commission[2] has determined that all modern awards are to be varied to include a new delegates' rights clause. This includes the Health Professionals and Support Services Award 2020 (Award), which is the underpinning award for the Agreement. The Full Bench determined that the operative date for the new clauses would be 1 July 2024. Submissions were sought from the parties as to the terms of the proposed delegates' rights clause and the effect of these decisions. I am of the view that the delegates' rights term in the Agreement is less favourable than the corresponding term that now appears in the Award[3] and in accordance with s.201(1A) of the Act, note that the delegates' rights term in the Award is taken to be a term of the Agreement.

[4] On the basis of the material filed in support of the application I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval have been met.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 December 2028.

[2] [2026] FWCFB 5.

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