Application by AVIVE Health Pty Ltd Trading AS AVIVE Health
Citation: [2026] FWCA 1788
What happened
AVIVE Health Pty Ltd, trading as AVIVE Health, sought approval for a single enterprise agreement called the 'AVIVE Victoria Health Professionals Agreement 2025'. The Health Services Union Victoria No. 4 Branch and Health Services Union No. 3 Branch, representing health professionals, were involved in bargaining for the agreement. The employer lodged the application under section 185 of the Fair Work Act.
What was decided
The Fair Work Commission approved the AVIVE Victoria Health Professionals Agreement 2025. Deputy President Millhouse confirmed that all relevant requirements of sections 186, 187 and 188 were met, including consideration of the 'better off overall test' under section 193A. The agreement will cover the bargaining representatives and takes effect from July 16, 2026, expiring on December 1, 2028.
What it means for employers
Employers seeking to implement enterprise agreements must ensure they comply with all requirements of the Fair Work Act, including demonstrating that employees will be better off overall. Thoroughly assess and document compliance with sections 186, 187, 188 and 193A.
What it means for employees
Employees should review the terms of the approved enterprise agreement to understand their entitlements and conditions of employment. The Health Services Union Victoria No. 4 Branch and Health Services Union No. 3 Branch T/A Victorian Allied Health Professionals Association are covered by this agreement.
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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