AVIVE HEALTH QUEENSLAND SUPPORT SERVICES AGREEMENT 2025

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

[1] This decision deals with an application made for approval of an enterprise agreement known as the AVIVE Health Queensland Support Services Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by AVIVE Health Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Employer by my Chambers on 30 December 2025 raising a number of concerns including that the Agreement:

1. Mentions apprentices at clause 24(a)(iv), however no rates of pay are provided for apprentices. The Employer responded on 5 January 2026 advising that he Applicant does not engage Apprentice or Trainees under the Agreement; and

2. Is silent on a number of allowances, specifically on call, heat and occasional interpreting allowance. The Applicant responded on 5 January 2026 confirming that based on the operational nature of the business and the role requirements of the position, it is not foreseeable that any of these allowances would be otherwise incurred.

[3] I am consequently satisfied that per s. 193A(6A) of the Act on call, heat and occasional interpreting allowances are not allowances that would be incurred by employees under the Agreement and apprenticeships are not a type of employment that is reasonably foreseeable for the purposes of s.193A(6) of the Act and the better off overall test. I note that should this change that pursuant to s.227A of the Act, application may be made for the future reconsideration of whether the agreement passes the BOOT during the life of the Agreement.

[4] The Agreement does not contain a delegates rights term that is no less favourable than the modern award, pursuant to s.205A, and on that basis the term in the relevant modern award will apply and the delegates' rights term in the Agreement at clause 36 will have no effect.

[5] The Applicant has provided written undertakings. 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.

[6] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the undertakings.

[7] Pursuant to s.190(3) of the Act, I accept the undertakings.

[8] Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss.186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

[9] The Agreement is approved and will operate in accordance with s.54 of the Act from 6 February 2025. The nominal expiry date of the Agreement is 1 December 2028.

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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