AVIVE Health Pty Ltd Trading AS AVIVE Health [2026] FWC 300

[2026] FWCA 249 The attached document wholly replaces the document previously issued on 2 February 2026 with the code [2026] FWC 300. Tom Thistlewaite Associate to Commissioner Harper-Greenwell Dated 5 February 2026. -- 1 of 5 -- -- 2 of 5 -- 1 Fair Work Act 2009 s.222—Enterprise agreement AVIVE Health Pty Ltd Trading AS AVIVE Health (AG2025/4606) AVIVE HEALTH VICTORIA SUPPORT SERVICES GREENFIELDS AGREEMENT 2022 Health and welfare services COMMISSIONER HARPER-GREENWELL MELBOURNE, 5 FEBRUARY 2026 Application for termination of the AVIVE Health Victoria Support Services Greenfields Agreement 2022 [1] On 18 December 2025, AVIVE Health Pty Ltd T/A AVIVE Health (AVIVE) made an application for the termination of the AVIVE Health Victoria Support Services Greenfields Agreement 2022 (the Agreement). [2] The application was made pursuant to s.222 of the Fair Work Act 2009 (Cth) (the Act) following a vote of employees covered by the Agreement that agreed to the termination. [3] The Agreement is a single enterprise agreement. Its nominal expiry date is 1 December 2026. The Health Services Union is an employee organisation covered by the Agreement. [4] The following sections of the Act are relevant to this application: 222 Application for the FWC’s approval of a termination of an enterprise agreement Application for approval (1) If a termination of an enterprise agreement has been agreed to, a person covered by the agreement must apply to the FWC for approval of the termination. Material to accompany the application (2) The application must be accompanied by any declarations that are required by the procedural rules to accompany the application. When the application must be made [2026] FWCA 249 DECISION -- 3 of 5 -- [2026] FWCA 249 2 (3) The application must be made: (a) within 14 days after the termination is agreed to; or (b) if in all the circumstances the FWC considers it fair to extend that period-- within such further period as the FWC allows. [5] Section 223 of the Act provides: When the FWC must approve a termination of an enterprise agreement If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if: (a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and (b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and (c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and (d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement.” Consideration [6] The Applicant is the employer covered by the Agreement. [7] The termination was agreed to on 10 December 2025. The Application was made within the timeframe required. [8] The application was supported by a Form F24C declaration of Ms Sue-Ellen Bloomfield, Chief Operating Officer which is relevantly summarised as follows: • The Agreement covers six (6) employees (Affected Employees). • A memorandum was sent to employees advising that a vote was to occur to terminate the Agreement. The memorandum explained in order for the proposed AVIVE Health Victoria Support Services 2025 (Proposed Agreement) to apply to support services -- 4 of 5 -- [2026] FWCA 249 3 employees and replace the Greenfields Agreement, they would be asked to vote in a separate ballot to approve the termination of the Agreement. • Information sessions were conducted for all employees in which it was explained that in order for the Proposed Agreement to apply to their employment, they were being asked to terminate the Agreement. • A vote was conducted electronically on 4 December 2025 through an independent third party voting service. Of the 6 employees covered by the Agreement, 6 cast a valid vote, all of whom voted in favour of the termination. [9] Based on the materials filed with the Application, I am satisfied that the Applicant has complied with the requirements of s.220(2) of the Act. The Affected Employees had a reasonable opportunity to decide whether they agreed to the termination of the Agreement. The Applicant took all reasonable steps to notify the employees of the time, place and method at which the vote would occur and the voting method to be used. All employees casted a valid vote and voted in favour of the termination of the Agreement, therefore I am satisfied that the termination of the Agreement was agreed by the majority of the Affected Employees as required by s.221(1) of the Act. [10] Accordingly, I consider it appropriate to approve the termination. The termination will operate from 2 February 2026. [11] An order giving effect to this decision will be issued separately. COMMISSIONER Printed by authority of the Commonwealth Government Printer <AE520067 PR796408> -- 5 of 5 --