Fair Work Act 2009

s.240 - Application to deal with a bargaining dispute

Application for the FWC to deal with a bargaining dispute

• [1] The Victorian Public Mental Health Services Enterprise Agreement 2020 -2024 (the Agreement) reached its nominal expiration date on 31 December 2024.

• [2] Bargaining for the successor Agreement (Successor Agreement) commenced in July 2024.

• [3] Employees in the bargaining are represented by the Australian Nursing and Midwifery Federation - Victorian Branch (ANMF) and the Health Services Union No 2 Branch, trading as the Health and Community Services Union (HACSU).

• [4] Employers in the bargaining are represented by the Victorian Hospitals Industrial Association (VHIA).

• [5] The parties have met on over 50 occasions to progress bargaining. No party has suggested any other party has breached their good faith bargaining obligations.

• [6] The VHIA has tabled three offers in the bargaining process, the most recent of which was tabled on 6 June 2025 (Third Offer).

• [7] On 15 July 2025 the VHIA on behalf of employers made an application under Section 240 of the Fair Work Act 2009 (Cth) seeking assistance from the Fair Work Commission to resolve a bargaining dispute.

• [8] Whilst the application indicated that the bargaining was based on nothing being agreed until everything was agreed, the bargaining impasse between the parties appeared to be limited to a few matters.

• [9] The FWC scheduled conferences for 24 July; 31 July; 5 August and 14 August 2025 to try and resolve the bargaining. The discussions were positive with several options being explored and tested.
• [10] In conference on Thursday 14th of August 2025, it was identified that the parties were very close on some items and far apart on others. Given the number of meetings that have occurred; the time that has elapsed since the nominal expiry date and the low prospects of reaching agreement on all matters, it is clear the parties would benefit from a recommendation from the Fair Work Commission to assist the parties to resolve the outstanding bargaining matters.

• [11] From the discussions that have occurred, the Fair Work Commission understands the parties are willing to support the following recommendation.

• [12] According to the terms identified on Thursday 14th of August at the Fair Work Commission, I recommend the dispute be resolved as follows:

1. The VHIA again offer and HACSU and the ANMF accept all terms and conditions included in Offer Three.
2. In addition to terms and conditions included in Offer Three, the VHIA offer and HACSU and the ANMF accept the following:
   • 2.1. A wage structure for Lived and Living Experience workers that is the same as provided to the Fair Work Commission by HACSU by email dated 30 July 2025 in Attachment A and titled 'Attachment A - 2025 -07-25 LLEW Wages Table v4'.
   • 2.2. A classification structure for Lived and Living Experience Workers the same as provided by HACSU to the VHIA and others by attachment to email dated 30 July 2025 and titled "20250716 LLEW Classification Structure".
   • 2.3. A cash payment of $4,200 be provided to tertiary qualified allied health professionals working in public mental health services, currently known as UG1 allied health professionals.
   • 2.4. A facilitative clause the same as provided by the Victorian Government Department of Health to bargaining representatives by email dated 5 August 2025 and titled 'HACSU DRAFT Facilitative Clause 20250804 final VHIA and DH HACSU response' which provides for how bargaining parties will work together to develop options to address impacts of the pending final decision of the Fair Work Commission in the Gender Undervaluation - Priority Awards Review matter (AM2024/20), for consideration by the Victorian Government.

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