1 Fair Work Act 2009 s.248 - Application for a single interest employer authorisation Victorian Hospitals’ Industrial Association (B2026/516) DEPUTY PRESIDENT HAMPTON ADELAIDE, 18 JUNE 2026 Application by 43 employers for a single interest employer authorisation – application granted Introduction and outcome [1] This is an application for a single interest employer authorisation (Authorisation) made by 43 employers under s.248 of the Fair Work Act 2009 (Cth) (Act). The Victorian Hospitals’ Industrial Association (VHIA) has been authorised to make the application by each of the applicant employers. The Authorisation is sought in respect of bargaining for a proposed multi- enterprise agreement (Proposed Agreement) to cover the employers listed at Schedule A of this decision (Employers) and their employees who fall within the classifications presently covered by the Doctors in Training (Victorian Public Health Sector) (AMA Victoria/ASMOF) (Single Interest Employers) Enterprise Agreement 2022-2026 and the Medical Specialists (Victorian Public Health Sector) (AMA Victoria/ASMOF) (Single Interest Employers) Enterprise Agreement 2022 – 2026 (Current Agreements). [2] The Employers are national system employers for the purposes of the Act who are all principally engaged in the provision of public health services in Victoria. Most of the Employers are already covered by the Current Agreements. [3] The Australian Salaried Medical Officers Federation (ASMOF) is an employee organisation that is a bargaining representative of employees who will be covered by the proposed multi-enterprise agreement. ASMOF supports the application and also lodged a joint draft authorisation with the VHIA and the Employers. [4] Having given an opportunity for all parties to be heard and noting the comprehensive supporting material provided with the application, I have determined this matter on the papers without conducting a hearing. [5] For the reasons set out below, I have decided to grant the application and make the Authorisation largely in the terms sought. [2026] FWC 2255 DECISION [2026] FWC 2255 2 Legislation [6] The immediately relevant legislative provisions in relation to single interest employer authorisations are ss.248-250 of the Act. [7] Section 248 sets out the requirements in relation to who may make an application and what the application must specify as follows: 248 Single interest employer authorisations (1) The following may apply to the FWC for an authorisation (a single interest employer authorisation) under section 249 in relation to a proposed enterprise agreement that will cover two or more employers: (a) those employers; (b) a bargaining representative of an employee who will be covered by the agreement. (2) The application must specify the following: (a) the employers that will be covered by the agreement; (b) the employees who will be covered by the agreement; (c) the person (if any) nominated by the employers to make applications under this Act if the authorisation is made. [8] Section 249 sets out the circumstances in which the Commission is required to make a single interest employer authorisation and provides: 249 When the FWC must make a single interest employer authorisation Single interest employer authorisation (1) The FWC must make a single interest employer authorisation in relation to a proposed enterprise agreement if: (a) an application for the authorisation has been made; and (b) the FWC is satisfied that: (i) at least some of the employees that will be covered by the agreement are represented by an employee organisation; and (ii) the employers and the bargaining representatives of the employees of those employers have had the opportunity to express to the FWC their views (if any) on the authorisation; and (iii) if the application was made by 2 or more employers under paragraph 248(1)(a)—the requirements of subsection (1A) are met; and (iv) if the application was made by a bargaining representative under paragraph 248(1)(b)—each employer either has consented to the application or is covered by subsection (1B); and (v) the requirements of either subsection (2) or (3) (which deal with franchisees and common interest employers) are met; and (vi) if the requirements of subsection (3) are met—the operations and business activities of each of those employers are reasonably comparable with those of the other employers that will be covered by the agreement. [2026] FWC 2255 3 (1AA) If: (a) the application for the authorisation was made by a bargaining representative under paragraph 248(1)(b); and (b) an employer that will be covered by the agreement employed 50 employees or more at the time that the application was made; it is presumed that the operations and business activities of the employer are reasonably comparable with those of the other employers that will be covered by the agreement, unless the contrary is proved. Additional requirements for application by employers (1A) The requirements of this subsection are met if: (a) the employers that will be covered by the agreement have agreed to bargain together; and (b) no person coerced, or threatened to coerce, any of the employers to agree to bargain together. Additional requirements for application by bargaining representative (1B) An employer is covered by this subsection if: (a) the employer employed at least 20 employees at the time that the application for the authorisation was made; and (b) the employer has not made an application for a single interest employer authorisation that has not yet been decided in relation to the employees that will be covered by the agreement; and (c) the employer is not named in a single interest employer authorisation or supported bargaining authorisation in relation to the employees that will be covered by the agreement; and (d) a majority of the employees who are employed by the employer at a time determined by the FWC and who will be covered by the agreement want to bargain for the agreement; and (e) subsection (1D) does not apply to the employer. (1C) For the purposes of paragraph (1B)(d), the FWC may work out whether a majority of employees want to bargain using any method the FWC considers appropriate. (1D) This subsection applies to an employer if: (a) the employer and the employees of the employer that will be covered by the agreement are covered by an enterprise agreement that has not passed its nominal expiry date at the time that the FWC will make the authorisation; or (b) the employer and an employee organisation that is entitled to represent the industrial interests of one or more of the employees of the employer that will be covered by the agreement have agreed in writing to bargain for a proposed single enterprise agreement that would cover the employer and those employees or substantially the same group of those employees. Franchisees [2026] FWC 2255 4 (2) The requirements of this subsection are met if the employers carry on similar business activities under the same franchise and are: (a) franchisees of the same franchisor; or (b) related bodies corporate of the same franchisor; or (c) any combination of the above. Common interest employers (3) The requirements of this subsection are met if: (a) the employers have clearly identifiable common interests; and (b) it is not contrary to the public interest to make the authorisation. (3A) For the purposes of paragraph (3)(a), matters that may be relevant to determining whether the employers have a common interest include the following: (a) geographical location; (b) regulatory regime; (c) the nature of the enterprises to which the agreement will relate, and the terms and conditions of employment in those enterprises. (3AB) If: (a) the application for the authorisation was made by a bargaining representative under paragraph 248(1)(b); and (b) an employer that will be covered by the agreement employed 50 employees or more at the time that the application was made; it is presumed that the requirements of subsection (3) are met in relation to that employer, unless the contrary is proved. Calculating number of employees (3AC) For the purposes of calculating the number of employees referred to in paragraph (1AA)(b), (1B)(a) or (3AB)(b): (a) employee has its ordinary meaning; and (b) subject to paragraph (c), all employees employed by the employer at the time that the application for the authorisation was made are to be counted; and (c) a casual employee is not to be counted unless, at that time, the employee is a regular casual employee of the employer; and (d) associated entities of the employer are taken to be one entity. Operation of authorisation (4) The authorisation: (a) comes into operation on the day on which it is made; and (b) ceases to be in operation at the earlier of the following: (i) at the same time as the enterprise agreement to which the authorisation relates is made; [2026] FWC 2255 5 (ii) 12 months after the day on which the authorisation is made or, if the period is extended under section 252, at the end of that period. [9] Section 249A prohibits the Commission from making a single interest employer authorisation in relation to a proposed enterprise agreement which would cover employees in relation to general building and construction work. It provides: 249A Restriction on making single interest employer authorisations The FWC must not make a single interest employer authorisation in relation to a proposed enterprise agreement if the agreement would cover employees in relation to general building and construction work. [10] Section 250 sets out the requirements in relation to the information which must be specified in a single interest employer authorisation as follows: 250 What a single interest employer authorisation must specify What authorisation must specify (1) A single interest employer authorisation in relation to a proposed enterprise agreement must specify the following: (a) the employers that will be covered by the agreement; (b) the employees who will be covered by the agreement; (c) the person (if any) nominated by the employers to make applications under this Act if the authorisation is made; (d) any other matter prescribed by the procedural rules. Authorisation may relate to only some of employers or employees (2) If the FWC is satisfied of the matters specified in subsection 249(2) or (3) (which deal with franchisees and common interest employers) in relation to only some of the employers that will be covered by the agreement, the FWC may make a single interest employer authorisation specifying those employers and their employees only. (3) The FWC may make a single interest employer authorisation that does not specify one or more employers specified in an application for the authorisation, and the employees (the relevant employees) of those employers specified in that application, if the FWC is satisfied that: (a) the employers are bargaining in good faith for a proposed enterprise agreement that will cover the employers and the relevant employees, or substantially the same group of the relevant employees; and (b) the employers and the relevant employees have a history of effectively bargaining in relation to one or more enterprise agreements that have covered the employers and the relevant employees, or substantially the same group of the relevant employees; and (c) on the day that the FWC will make the authorisation, less than 9 months have passed since the most recent nominal expiry date of an agreement referred to in paragraph (b). [2026] FWC 2255 6 (4) If the effect of subsection (3) is that no employers would be specified in the authorisation, the FWC may refuse the application for the authorisation. Consideration [11] Amendments to the provisions of the Act dealing with single interest employer authorisations by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) have been considered by a number of Full Benches of Commission including in Independent Education Union of Australia v Catholic Education Western Australia Limited and others (IEU v CEWA)1 and Association of Professional Engineers, Scientists and Managers, Australia v Great Southern Energy Pty Ltd T/A Delta Coal, Whitehaven Coal Mining Ltd, Peabody Energy Australia Coal Pty Ltd, Ulan Coal Mines Ltd (APESMA).2 I have adopted the approach evident in those decisions. [12] I have briefly addressed each of the applicable requirements below. Section 249(1)(a) — Whether an application has been made [13] The requirement for an application to have been made suggests that the application must be validly made in accordance with the applicable statutory requirements.3 The application has been made by 43 employers pursuant to s.248(1)(a). The Employers would be covered by the Authorisation and the Proposed Agreement. The application specifies the employers and employees covered by the Agreement and provide that the VHIA is nominated by the Employers to make applications under the Act if the authorisation is made. I am satisfied that a valid application for the Authorisation has been made as required by s.249(1)(a). Applicable requirements of s 249(1)(b) [14] The Employers are all likely to each employ more than 50 employees at the time the application was made. This would mean that the ‘rebuttable presumptions’ concerning the common interest and public interest requirements of s.249(3), and the reasonable comparability of operations and business activities of the employers under s.249(1)(b)(vi), apply. I observe that I am in any event satisfied about those matters based upon the common materials before the Commission. [15] The requirements for making an authorisation under s.249 of the Act vary, depending upon the nature of the applicant and the circumstances of the employers involved. In this case, the applicants are employers who seek to bargain together and so the “additional” requirements of s.249(1A) apply, and the terms of s.249(1B) and consequential provisions do not. [16] The requirements of s.249(1)(b) which I must be satisfied of in this case are those provided in subparagraphs (i), (ii), (iii), (v) and (vi). Section 249(1)(b)(i) — Are at least some of the employees who will be covered by the Agreement represented by an employee organisation? [17] The ASMOF has members working across a range of the Employers that would be covered by the Proposed Agreement and is the bargaining representative for these members. [2026] FWC 2255 7 [18] I am satisfied that at least some of the employees who will be covered by the proposed agreement are represented by the ASMOF and this meets the requirements of s.249(1)(b)(i). Section 249(1)(b)(ii) — Have the employers and bargaining representatives of the employees had the opportunity to express their views? [19] Each of the Employers provided an instrument of appointment to the Commission: • authorising VHIA to apply to the Commission in the employer’s name for a single interest employer authorisation in relation to the proposed agreement, • appointing VHIA as their bargaining representative in respect of the proposed agreement and • authorising VHIA to reach agreement in principle on the employer’s behalf (subject to the employer’s approval) on terms and conditions to be included in the proposed agreement.4 [20] There is no indication that there are any employee bargaining representatives other than the ASMOF. Based on the instruments of appointment provided by the Employers, I am satisfied that the Employers and the bargaining representatives of the employees of those Employers have had the opportunity to express to the Commission their views on the Authorisation as required by s.249(1)(b)(ii). The application is supported by all. Section 249(1)(b)(iii) — Are the requirements of subsection (1A) met? [21] The requirements of s.249(1A) are met if: • the employers that will be covered by the agreement have agreed to bargain together; and • no person coerced, or threatened to coerce, any of the employers to agree to bargain together. [22] The instruments of appointment provided by the Employers5 confirm that: • the Employers have agreed to bargain together; and • no person coerced, or threatened to coerce, the Employers to agree to bargain together. [23] The Employers have a longstanding history of bargaining together, with single interest employer authorisations being granted in connection with the previous two enterprise agreements.6 The Employers are provided with a regular opportunity to meet as a group to discuss or contribute to the progress of bargaining.7 [24] I am satisfied that the requirements of s.249(1A) are met. Section 249(1)(b)(v) — Have the requirements of either ss.249(2) or 249(3) been met? [2026] FWC 2255 8 [25] Section 249(2) deals with employers who carry on business activities through franchise arrangements, which is not applicable to the current application. Section 249(3) is relevant requires satisfaction of two requirements; namely, that the employers have readily identifiable common interests and that it is not contrary to the public interest to make the Authorisation. Section 249(3)(a) – Do the employers have readily identifiable common interests? [26] The matters which may be relevant to determining whether the Employers have common interests under s.249(3A) include geographical location, regulatory regime and the nature of the enterprises to which the agreement will relate, and the terms and conditions of employment in those enterprises. [27] In IEU v CEWA8 the Full Bench adopted the following approach of the Full Bench in Application by UWU, AEU and IEU9 in relation to the meaning of the expression ‘common interests’ in s.243(1)(b)(ii) and (2) given the commonality of language used in those provisions and in s.249(3)(a) and (3A): …the expression ‘common interests’ used in s 243(1)(b)(ii) in connection with the employers the subject of an authorisation application is one of wide import, and on its ordinary meaning extends to any joint, shared, related or like characteristics, qualities, undertakings or concerns as between the relevant employers. The diversity of the non-exhaustive list of ‘examples’ of common interests in s 243(2) gives contextual support to the breadth of meaning which we assign to the expression. The common interests must be ‘clearly identifiable’, that is, plainly discernible or recognisable, but need not be self-evident.10 [28] The Full Bench in APESMA11 also followed Application by UWU, AEU and IEU and concluded that s.249(3)(a) required consideration of whether the relevant 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 relevant employees.12 [29] I am satisfied that the requirements of s.249(3)(a) are met as the application and the materials before the Commission establish that the Employers have recognisable related or like characteristics in relation to the matters referred to in s.249(3A). I briefly deal with some of these matters below that either provide the basis of, or context for, clearly identifiable common interests. Geographical Location [30] The Employers all have sites located in Victoria.13 This is relevant but not by itself influential. Regulatory Regime [31] The majority of the Employers are all regulated by the Health Service Act 1988 (Vic).14 Nature of the Enterprises and Employment Terms and Conditions [2026] FWC 2255 9 [32] Each of the Employers are engaged in the provision of comparable health and welfare services.15 The Employers and their employees are covered by the Medical Practioners Award 2020 (Award).16 [33] The Employers (or their predecessors) have a history of bargaining together in respect of industrial instruments covering the employees the subject of this application. The Employers and their Employees have been covered by the same federal industrial instruments in the same or substantially the same terms since at least 1992.17 [34] The core terms and conditions of employment for the employees are substantially the same at each Employer, including as provided by the Current Agreement and predecessor enterprise agreements. A single enterprise agreement across the State facilitates the efficient operation of the bargaining process and the movement of workers within the sector along with the transfer of their personal leave and long service leave entitlements.18 Section 249(3)(b) – Is it contrary to the public interest to make the authorisation? [35] The Employers and ASMOF submit that it is not contrary to the public interest to make the Authorisation as approving the application would: a. Preserve the status quo in relation to how the bargaining has occurred and common terms across the Employers for the Employees. b. Meet the objects of the Act as the Authorisation will ensure that the relevant workers all receive the same additional benefits to those contained within the Award. In addition, these benefits are provided regardless of whether the worker is employed with a small Health Service or a large Health Service which promoted equity and fairness across the Health Services. c. Ensure that the bargaining process is as efficient as possible which will ensure that public funds designed to improve the health outcomes of individuals within Victoria are utilised for that purpose. d. Ensure that certain entitlements are portable across employers which will assist in the retention of workers in the public health system.19 [36] Based on these submissions, I am satisfied that it is not contrary to the public interest to make the authorisation. As such, the requirements of s.249(3)(b) are met. Section 249(1)(vi) – if the requirements of subsection (3) are met—are the operations and business activities of each of those employers reasonably comparable with those of the other employers that will be covered by the agreement? [37] The relevant requirements of s.249(3) are met and I am also satisfied that the operations and business activities of the Employers are reasonably comparable with the other Employers that will be covered by the agreement. This is evident from the nature of the operations and activities revealed in the application and supporting materials. Section 249A — the agreement would not cover employees in relation to general building and construction work [2026] FWC 2255 10 [38] I am satisfied that the proposed agreement will not cover employees in relation to general building and construction work. Other matters [39] The proposed Authorisation specifies each of the matters required by s.250(1) of the Act. [40] The findings made apply to all of the Employers and for the purposes of s.250(2) of the Act, I am satisfied that each should be specified in the Authorisation. [41] The circumstances contemplated in ss.250(3) and (4) do not apply. Conclusion [42] I am satisfied in relation to each of the applicable requirements in s.249(1), and that the restrictions in s.249A and elsewhere do not apply. I am therefore required to make the single interest employer authorisation sought. The Authorisation is made by a separate instrument20 that is published in conjunction with this decision, and which specifies the matters required by s.250, as applicable. In accordance with s.249(4), the Authorisation will operate from the date of this decision and will cease to have effect on the earlier of the day on which the proposed enterprise agreement is made or 12 months after the date of this Authorisation, subject in the latter case to any extension pursuant to s.252 of the Act. [43] As with earlier matters, the Commission stands ready to assist the parties with the bargaining for the proposed multi-employer agreement should that be sought, such as under a s.240 application or a joint request to conduct a collaborative approaches process to utilise interest-based bargaining. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR811114> [2026] FWC 2255 11 SCHEDULE A Health Service ABN Albury Wodonga Health (Wodonga Hospital only) 31 569 743 618 Austin Health 96 237 388 063 Bairnsdale Regional Health Service 99 640 620 478 Barwon Health 45 877 249 165 Bayside Health (formerly Alfred Health, Bass Coast Health, Gippsland Southern Health Service, Kooweerup Regional Health Service and Peninsula Health) 52 892 860 159 Bendigo Health 26 875 445 912 Boort District Health 61 440 342 041 Calvary Health Care Bethlehem Limited 81 105 303 704 Central Gippsland Health Service 85 050 485 681 East Grampians Health Service 93 473 547 006 Eastern Health 68 223 819 017 Echuca Regional Health 30 490 690 530 Gippsland Southern Health Service 55 344 811 591 Goulburn Valley Health 69 541 423 898 Grampians Health 39 089 584 391 Heathcote Health 22 808 993 283 Inglewood & District Health Service 59 289 296 574 Latrobe Regional Health 18 128 843 652 Mansfield District Hospital 65 866 548 895 Maryborough District Health Service 81 511 515 955 Melbourne Health 73 802 706 972 Mercy Hospitals Victoria Limited 74 762 230 429 Mildura Base Public Hospital 73 543 496 421 Monash Health 82 142 080 338 NCN Health 24 620 742 736 Northeast Health Wangaratta 13 157 273 279 Northern Health 42 986 169 981 Oral Health Victoria (formerly Dental Health Services Victoria) 55 264 981 997 Peter MacCallum Cancer Institute 42 100 504 883 Portland District Health 19 736 725 377 Parkville Youth Mental Health and Wellbeing Service 15 954 019 847 Rochester & Elmore District Health Service 76 670 975 935 Royal Children’s Hospital (The) 35 655 720 546 Royal Victoria Eye & Ear Hospital (The) 81 863 814 677 Royal Women’s Hospital (The) 62 787 822 077 South West Healthcare 41 189 754 233 St Vincent's Health (Melbourne) Limited 22 052 110 755 Swan Hill District Health 24 314 338 210 Victorian Institute of Forensic Mental Health 32 807 323 885 West Gippsland Healthcare Group 39 261 883 406 West Wimmera Health Service 50 275 032 704 [2026] FWC 2255 12 Western District Health Service (including the former Casterton Memorial Hospital) 47 616 976 917 Western Health 61 166 735 672 1 [2023] FWCFB 177. 2 [2024] FWCFB 253. See also Ulan Coal Mines Pty Ltd v Association of Professional Engineers, Scientists and Managers, Australia [2025] FCAFC 127. 3 IEU v CEWA [2023] FWCFB 177, [24]; Application by UWU, AEU and IEU [2023] FWCFB 176, [29]. 4 Form F83 – Application for single interest employer authorisation, Attachment B. 5 Form F83 – Application for single interest employer authorisation, Attachment B. 6 [2017] FWCA 6881 and [2022] FWCA 4030. 7 Form F83 – Application for single interest employer authorisation [3.1.]. 8 [2023] FWCFB 177. 9 [2023] FWCFB 176. 10 Ibid, [34]. 11 [2024] FWCFB 253. 12 Ibid, [345]. 13 Form F83 – Application for single interest employer authorisation [5.4]; SOAF [3(e)] 14 Ibid. 15 Ibid. 16 Ibid. 17 Ibid. 18 Ibid. 19 Form F83 – Application for single interest employer authorisation [5.5]. See more generally the discussion of this aspect in Australian Municipal, Administrative, Clerical and Services Union v Central Goldfields Shirs Counsil, Ararat Rural City Council [2024] FWCFB 444 at [69] to [80]. 20 PR811115.