Application for approval of the Health Select and Employees Enterprise Agreement 2025

[1] The Trustee for P & J Cunningham Family Trust (ABN: 91 879 271 283) has applied for approval of an enterprise agreement known as the Health Select and Employees Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

[2] The Agreement is a single enterprise agreement.

[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

• Clause 45.7 - substitution of public holidays

• Clause 45.9 - requirement to work on public holidays

[4] Clause 6.2 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Following the Commission's Agreements Team's review of the Agreement, I raised a number of matters relating to whether the Agreement passed the Better Off Overall Test. The Victorian Ambulance Union Incorporated (VAU) was a bargaining representative for the Agreement. The matters related to shift penalties, breaks and overtime meal allowance, as well as matters of clarification where the VAU disagreed with the responses that the applicant had provided in its Form F17B. The rates of pay in the Agreement are not significantly higher than the Award.

[6] There were also several individual bargaining representatives, one of whom wrote to the Commission to inform the Commission that they and the individuals whom they represented supported approval of the Agreement.

[7] The Employer 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.

[8] The undertakings addressed most, but not all, of the matters raised by me and by the VAU. I have considered the applicant's responses together with the undertakings provided. The Agreement contains more beneficial annual leave provisions for shift workers (clause 28.3) and more beneficial personal/carer's leave provisions for all workers (clause 39.3). The Agreement also contains a payroll reconciliation clause (clause 28.3), which requires the employer to undertake a reconciliation every 4 weeks, and if the reconciliation finds that an employee was not better off overall under the Agreement than under the Award, requires the employer to make a reconciliation payment. As a result, I am satisfied that the Agreement does pass the Better Off Overall Test.

[9] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[10] The Australian Nursing and Midwifery Federation ('ANMF') lodged Form F18 statutory declarations giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the ANMF.

[11] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 11 December 2025.

[12] In accordance with clause 3.2, the nominal expiry date of the Agreement is 31 July 2028.

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