[2011] FWA 8376

Download Word Document



Fair Work Act 2009
s.248 - Application for a single interest employer authorisation

Victorian Hospitals' Industrial Association



Summary: Ministerial declaration that two or more employers may bargain together - application to FWA for authorisation following declaration - restriction on FWA’s functions - preconditions to FWA making authorisation.

[1] On 30 November 2011, the Victorian Hospital Industrial Association (VHIA) applied to Fair Work Australia under s.248(1) of the Fair Work Act 2009 (the Act) for a single employer authorisation (following declaration by the Minister having been made under s.247 of the Act, the details of which are discussed below).

[2] The matter was heard on 2 December 2011, at the conclusion of which a decision was issued ex tempore. The following are reasons for decision.

[3] Section 248 of the Act provides:

[4] VHIA made its application as the nominated representative of employers who will be covered by the proposed enterprise agreement. The employers that are seeking to bargain together are:

[5] The employees who will be covered by the proposed enterprise agreement specified in the application are employees of the employers listed in paragraph [3] above and employed in the following classifications.

[6] Section 249 of the Act relevantly provides:

[7] On 7 October 2011, on behalf of the employers listed in paragraph [3] above, the VHIA sought a declaration under s.247 of the Act from the Minister for Tertiary Education, Skills, Jobs and Workplace Relations (the Minister) that they may bargain together for an enterprise agreement.

[8] Section 247 provides:

[9] On 8 November 2011, the Minister issued a declaration under subsection 247(3) of the Act (Ministerial Declaration), declaring that employers (as identified in paragraph [3] above) may bargain together for a single enterprise agreement.

[10] Having considered the application, the Ministerial Declaration, correspondence from the VHIA to the Minister dated 7 October 2011 and the submissions of the VHIA, Health and Community Services Union and the Australia Nursing Federation. I am satisfied that:

[11] Consequently, in accordance with s.249 of the Act, I will make a single interest employer authorisation. The authorisation will come into effect on 2 December 2011.



Mr R. Corboy - Victorian Hospitals’ Industrial Association

Mr M. Irving of Counsel and Ms L. Svensden - Health and Community Services Union

Mr A. Prendergast - Australian Nursing Federation

Printed by authority of the Commonwealth Government Printer

<Price code C, PR517452>