Health Services Union (051V) v Eastern Health
Citation: [2026] FWC 3227
At a glance
- Employees affected
- 2
What happened
The Health Services Union (Applicant) filed an application under s 739 of the Fair Work Act 2009 concerning a dispute related to the Health and Allied Services Enterprise Agreement 2021-2025. The dispute involves Eastern Health (Respondent) and concerns two former employees, her partner and a co-worker, whose job-share role was made redundant on May 19, 2026. They were not paid severance pay because Eastern Health believed they did not actively engage in the redeployment process. The Applicant alleges Eastern Health failed to comply with the redeployment process outlined in the agreement, including failing to appoint a case manager. Eastern Health objected to the application, claiming it concerned former employees, lacked a formal dispute, and hadn't followed the agreement's dispute resolution process.
What was decided
The Commission dismissed Eastern Health’s jurisdictional objection. The Respondent argued the application concerned former employees and hadn’t followed the dispute resolution process. The Commission found the application did relate to a dispute arising under the enterprise agreement and the NES. The parties had attempted conciliation but were unsuccessful. The Commission considered the background to the dispute, including the redeployment process and communications between the parties. The Commission thought the objection could be determined on the papers and agreed to do so.
What it means for employers
Employers should ensure they adhere to the dispute resolution procedures outlined in enterprise agreements. Failure to do so can lead to jurisdictional challenges and potential scrutiny from the Fair Work Commission. Employers must also ensure compliance with redeployment obligations, including providing appropriate support and assistance to affected employees.
What it means for employees
Employees should be aware of the dispute resolution processes outlined in their enterprise agreements. If an employer fails to follow these processes, employees may have grounds to escalate the matter to the Fair Work Commission. Employees should document all communications and actions taken during redeployment processes.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections