AURORA HEALTHCARE (VICTORIAN HOSPITALS) HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2025

Application for approval of the Aurora Healthcare (Victorian Hospitals) Health Professionals Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Aurora Healthcare (Victorian Hospitals) Health Professionals Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South Eastern Private Hospital Pty Ltd T/A South Eastern Private Hospital (South Eastern Hospital). The Agreement is a single enterprise agreement, covering two related employers: the South Eastern Hospital and Brunswick Private Hospital Pty Ltd.

[2] Section 185(3)(a) of the Act provides that an application for approval of an agreement must be made no later than 14 days after the agreement being made. The Agreement was made on 22 December 2025 and lodged on 9 January 2026, some 18 days late. I have considered the explanation provided for the late lodgement and I am satisfied in all the circumstances that it is fair to extend the period to the date on which the application was lodged.

[3] A short hearing was conducted to engage with South Eastern Hospital and the bargaining representatives in relation to several concerns about the Agreement. Those concerns were resolved during the hearing, and the employers have provided written undertakings, a copy of which are 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. The undertakings relate to:

1. Shift allowances

2. Employment classifications - Allied Health Chief

Interaction with the National Employment Standards

[4] Clause 7 of the Agreement has the effect that the National Employment Standards (NES) applies to employees covered by the agreement where those standards provide employees with a more favourable outcome than that provided for in the Agreement (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

1. Clause 14(b) - maximum weekly hours

2. Clause 29(e) - personal leave - this clause appears to require a statutory declaration to be provided by employees in relation to personal leave absences or "certification by a registered health practitioner" - s 107 of the Act provides that evidence of personal leave must be that which would satisfy a reasonable person, which may for example include a statutory declaration.

[5] 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.

[6] The Health Services Union Victoria No 4 Branch (HSU No 4), and the Health Services Union Victoria No 3 Branch (t/a Victorian Allied Health Professionals Association) (VAHPA) 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 HSU No 4 and VAHPA.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

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