Fair Work Act 2009

s.248 - Single interest employer authorisation

Single interest employer authorisation - health care industry - all employers consenting - application satisfies all relevant requirements - authorisation made

• [1] The Victorian Hospitals Industrial Association (VHIA/ the applicant) has applied under s 248 of the Fair Work Act 2009 (Cth) for the Fair Work Commission to make a single interest employer authorisation in relation to a proposed agreement to replace the Health and Allied Services, Managers and Administrative Workers (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2021-2025. The proposed order covers 82 employers.

• [2] The Health Services Union Victoria No 1 Branch trading as the Health Workers Union (HWU) represent employees who would be covered by the proposed authorisation and proposed agreement. The HWU supports the making of the authorisation.

• [3] The Health Services Advocates & Mediators (HSAM) are appointed employee bargaining representatives. They also support the making of the authorisation. Mr Lawrence Christy is a self-appointed employee bargaining representative, who also supports the making of the authorisation.

• [4] As there were no objections and no party asked that the matter be heard, I have dealt with the application on the papers. I am satisfied of the matters in s 249 of the Act and make the orders sought. My reasons follow.

• [5] Section 249 provides that the Commission must make an order if an application has been made and if satisfied of the matters in s 249(1)(b).

249(1)(b)(i) - at least some employees will be represented by an employee organisation

• [6] I am satisfied that at least some employees who will be covered by the agreement are resented by an employee organisation, as the employers employ persons who are a member of and represented by the HWU.

249(1)(b)(ii) - employers and bargaining representatives have had an opportunity to express their views

• [7] I am satisfied that bargaining representative of employees have had an opportunity to express their views about the application. Their views were provided to me together with the application. Those views support the making of the authorisation.

• [8] I also provided a further opportunity after the application was made when I issued directions that allowed for views to be provided to my chambers on a confidential basis. My chambers did not receive any further views.

249(1)(b)(iii) - application by 2 or more employers and subsection (1A)

• [9] I am satisfied that the employers that will be covered by the authorisation and proposed agreement have agreed to bargain together, and that no person coerced, or threatened to coerce, any of the employers to agree. The employers have a longstanding history of bargaining together as they bargained together for the current agreement, and predecessor agreements. The employers have appointed VHIA as their bargaining representative. I was provided with copies of appointments for VHIA to act in relation to each employer who would be covered by the authorisation.

249(1)(b)(iv) -each employer has consented or is covered by subsection (1B)

• [10] This matter is not relevant as the application was made by the employers and not by a bargaining representative of the employees.

249(1)(b)(v) - the requirements under subsections (2) or (3)

• [11] Subsection 249(2) applies to franchises and so is not relevant to this application.

• [12] Subsection 249(3) applies to common interest employers and is relevant to this application. The Full Bench in Association of Professional Engineers, Scientists and Managers, Australia v Great Southern Energy Pty Ltd and others [2024] FWCFB 253 at [354] said that the relevant test to consider is:

whether the employers have joint, shared, related or like characteristics, qualities, undertakings or concerns that will impact or influence them in relation to bargaining for an enterprise agreement that will cover the SIEA employees."

• [13] I am satisfied that there is common interest.

• [14] All the employers are located in Victoria and provide services to the Victorian community. Patients and clients may transfer among the employers for treatment. All the employers are public entities, substantially funded by the Victorian state government and are regulated under the Health Service Act 1988 (Vic). All employees are public sector employees within the meaning of ss 4 and 5 of the Public Administrations Act 2004 (Vic).

• [15] Terms and conditions of employment for the employees of the employer are also common. Employees are covered by the Health Professionals and Support Services Award 2020 and covered by the current agreement and predecessor agreements since at least 1992.

249(1)(b)(vi) - comparable operations and business activities

• [16] I am also satisfied that the employers' operations and business activities are reasonably comparable. All the employers provide health services to the Victorian community and are substantially funding by the Victorian state government, which directly affects their bargaining position. The employers are also regulated by Health Service Act 1988 (Vic).

• [17] I am satisfied that the proposed agreement will not cover employees in relation to general building and construction work.

• [18] I am satisfied that the proposed authorisation specifies each of the matters required by s 250(1). Each of the other subsections are not relevant to this application, as the authorisation will cover all of the employers, and each will be specified in the authorisation.

• [19] I am satisfied of all the relevant matters under s 249 and make the authorisation sought. The authorisation will be issued separately in .

• [20] Under s249(4)(a), the authorisation comes into operation on the day it is made, which is 27 August 2025.

• [21] Under s249(4)(a), the authorisation will cease to be in operation on the earlier of the following:

1. When the enterprise agreement to which the authorisation relates is made; or
2. 27 August 2026, being 12 months after the day on which this authorisation is made, subject to any extensions under s 252 of the Act.

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