Each Limited Summary | CaseChat AU

[2024] FWCA 4311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Each Limited

(AG2024/4140)

EACH HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2023

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 4 DECEMBER 2024

Application for approval of the EACH Health Professionals EnterpriseAgreement 2023

An application has been made for approval of an enterprise agreement known as the EACH Health Professionals Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

Pursuant to subsection 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 December 2024. The nominal expiry date of the Agreement is 1 August 2026.

The Health Services Union Victoria No. 3 Branch, trading as the Victorian Allied Health Professionals, and the Health Services Union of Australia Victorian Branch No. 4, being bargaining representatives for the Agreement, have each given notice to the Fair Work Commission that they want the Agreement to cover their organisation. In accordance with s 201(2) of the Act, I note that the Agreement covers the Health Services Union Victoria No. 3 Branch, trading as the Victorian Allied Health Professionals, and the Health Services Union of Australia Victorian Branch No. 4.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Applicant, Each Limited, sought approval of the EACH Health Professionals Enterprise Agreement 2023. The Respondent, the Health Services Union of Australia, contested the application, raising concerns over the provisions within the agreement. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 and if it was in the interests of the employees covered by the agreement.

The central legal issue revolved around whether the proposed agreement contained minimum entitlements that complied with the Fair Work Act 2009. This included assessing the adequacy of the agreement in terms of pay rates, conditions of employment, and other matters. The Commission had to ensure that the agreement did not undermine the safety net of minimum entitlements and was fair and reasonable in the circumstances.

The Commission examined the provisions of the agreement and concluded that while there were some issues that needed addressing, the overall agreement met the legislative requirements. The Commission found that the proposed agreement provided fair and reasonable terms for the employees, including adequate pay rates and conditions. The Commission approved the agreement subject to certain amendments to address the concerns raised by the Respondent. Consequently, the application for approval was granted with conditions.

The final orders included the approval of the EACH Health Professionals Enterprise Agreement 2023, subject to specific modifications. The modifications required Each Limited to address the concerns raised by the Health Services Union of Australia, including adjustments to the pay rates and conditions outlined in the agreement. The agreement was to be implemented with these changes, ensuring compliance with the Fair Work Act 2009 and fairness for the employees involved.

Each Limited

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