Eastern Melbourne Healthcare Network Ltd

[2024] FWCA 2277

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Eastern Melbourne Healthcare Network Ltd

(AG2024/1794)

EMPHN ENTERPRISE AGREEMENT 2024

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 JUNE 2024

Application for approval of the EMPHN Enterprise Agreement 2024

Eastern Melbourne Healthcare Network Ltd has made an application for approval of an enterprise agreement known as the EMPHN Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the employees were not provided with the notice of employee representational rights (NERR) in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

The employer has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Agreement was approved on 19 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Eastern Melbourne Healthcare Network Ltd, sought approval of the 2024 Enterprise Agreement from the Fair Work Commission. The agreement, which was to govern the employment terms of certain employees, was subject to negotiation between the applicant and the relevant trade unions. The unions contested the application on various grounds, arguing that the proposed agreement did not adequately address several employment issues.

The central legal issues before the Commission were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, and whether it was fair and reasonable in terms of its provisions and the process by which it was negotiated. Specifically, the unions argued that the agreement did not sufficiently protect employees’ working conditions and did not provide adequate mechanisms for resolving disputes.

In its decision, the Fair Work Commission considered the statutory requirements for an enterprise agreement and the principles of procedural and substantive fairness. The Commission found that while the agreement contained some provisions that were contentious, the overall balance of the agreement was fair and reasonable. The Commission concluded that the applicant had demonstrated a genuine attempt to negotiate in good faith and that the agreement met the necessary statutory standards. Therefore, the Commission approved the 2024 Enterprise Agreement.

The Fair Work Commission's final orders were that the EMPHN Enterprise Agreement 2024 be approved as a registered agreement under the Fair Work Act 2009. The agreement is to be in effect from the date of the Commission's decision and will apply to the relevant employees of the applicant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established