The Fair Work Commission has rejected a proposed enterprise agreement from I-MED Regional Pty Ltd, citing serious concerns around the employer’s failure to adequately explain changes to its classification structure—concerns first raised by VAHPA.

Commissioner Oanh Tran’s decision follows advocacy by VAHPA, the allied health branch of the HSU, which argued that I-MED had misled employees by presenting only the positive aspects of a newly consolidated agreement, while failing to disclose or explain detrimental impacts—particularly a restructuring that would see duties such as teaching or tutoring shifted to lower classifications.

“I disagree that the changes were minor,” Commissioner Tran noted, concurring with VAHPA’s position that the reclassification could leave some employees worse off. While I-MED had promoted the deal extensively, the Commission ultimately found that it had not taken “all reasonable steps” to ensure staff understood the agreement’s terms and effects.

This case is one of the first major tests of new provisions introduced under the Albanese Government’s Secure Jobs, Better Pay legislation—specifically section 188(5) of the Fair Work Act, which gives the Commission discretion to overlook minor procedural errors. However, Commissioner Tran ruled that I-MED’s omissions were not minor and could not be disregarded.

In doing so, she reinforced the central principle that genuine agreement must be based on fully informed consent—a principle VAHPA has consistently fought to uphold.

We welcome this outcome and thank our members at I-MED for standing strong and raising their voices throughout this process. VAHPA will continue to ensure that enterprise agreements reflect the true interests of allied health workers, and that employers are held to account when they fall short of transparency and fairness.

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