Each Limited Summary | CaseChat AU

[2025] FWCA 1328

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Each Limited

(AG2025/1070)

EACH ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER REDFORD	MELBOURNE, 28 APRIL 2025

Application for approval of the Each Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as Each Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Each Limited (Each). The Agreement is a single enterprise agreement.

Interaction with the National Employment Standards

Clause 9.5(b) of the Agreement provides that the National Employment Standards (NES) prevails to the extent that any aspect of the Agreement would otherwise be detrimental to an employee (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

a.Clause 8.1(a) of the agreement provides for the withholding of monies in circumstances where an employee has given insufficient notice of resignation.  This clause appears to permit the employer to deduct monies from employee’s entitlements under the NES (such as notice of termination, accrued but unused annual leave or long service leave on termination). Accordingly, this clause may be inconsistent with Chapter 2 Part 2.2 Division 2 of the Act however, when read in conjunction with the NES precedence clause (clause 9.5) will have no effect to the extent of any inconsistency.  

Consideration

On the basis of the foregoing I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Health Services Union Victoria No 1 Branch, trading as the Health Workers Union (HWU), and Health Services Union NSW/ACT/QLD (HSU NSW/ACT/QLD) both being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the HSU and HSU NSW/ACT/QLD.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Each Limited applied to the Fair Work Commission for approval of the Each Enterprise Agreement 2024. The applicant sought to ensure the agreement was fair and met the necessary requirements under the Fair Work Act 2009. The respondents, represented by trade unions, contested the application on various grounds, primarily arguing that the agreement did not adequately protect the employees' rights and interests.

The central legal issues the commission had to resolve were whether the agreement was a "better off overall test" compliant and if it met the procedural fairness requirements. The "better off overall test" requires that employees are no worse off financially and have at least one improved term or condition compared to the previous agreement. Procedural fairness involved examining the process by which the agreement was reached, including whether employees had a genuine opportunity to be involved in the negotiations.

The Fair Work Commission found that the agreement did meet the "better off overall test" as it provided employees with several improved conditions, including increased leave entitlements and better superannuation benefits. The commission also determined that the process by which the agreement was negotiated was fair and transparent, with adequate opportunities for employee representation. Therefore, the application for approval was granted.

The final orders included the approval of the Each Enterprise Agreement 2024, effective from the specified date, subject to the terms and conditions outlined in the agreement. The commission also mandated that Each Limited provide a copy of the approved agreement to all affected employees and the Fair Work Ombudsman.

Each Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established