Eastern Palliative Care Ltd Trading AS Eastern Palliative Care

[2025] FWCA 1150

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Eastern Palliative Care Ltd Trading AS Eastern Palliative Care

(AG2025/610)

EASTERN PALLIATIVE CARE LTD ALLIED HEALTH EMPLOYEES ENTERPRISE

Agreement 2024

Health and welfare services
COMMISSIONER TRAN	MELBOURNE, 3 APRIL 2025

Application for approval of the Eastern Palliative Care Ltd Allied Health Employees EnterpriseAgreement 2024

Eastern Palliative Care Ltd (ABN: 62 982 157 121) has applied for approval of an enterprise agreement known as Eastern Palliative Care Ltd Allied Health Employees Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise agreement.

I observe that the following clauses are likely to be inconsistent with the National Employment Standards:
· Clause 17(c) 4) – Casual conversion
· Clause 34 – Compassionate leave for stillbirth

I note clause 8 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a delegates’ rights term as required by s 205A(1) of the Act. Under s 205A(2) of the Act, the workplace delegates’ rights term in Clause 33A of the Health Professionals and Support Services Award 2020 is taken to be a term of the Agreement.

The Victorian Allied Health Professionals Association (VAHPA) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the union.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 10 April 2025.

In accordance with clause 6, the nominal expiry date of the Agreement is 1 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX

CaseChat Overview and Summary

Eastern Palliative Care Ltd, trading as Eastern Palliative Care, applied for the approval of the Eastern Palliative Care Ltd Allied Health Employees Enterprise Agreement 2024. The application was heard by the Fair Work Commission, which was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The dispute centred around the fairness and compliance of the proposed agreement with relevant employment standards and the procedural fairness in its creation.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the parties, if it contained the necessary terms and conditions, and if it complied with the procedural requirements for approval. The Commission also considered whether the agreement satisfied the "better off overall test" (BOOT), ensuring that employees were not worse off financially under the new agreement compared to their previous conditions.

The Commission found that the agreement was genuinely negotiated between the parties and contained all the necessary terms and conditions. It concluded that the agreement met the procedural fairness requirements and passed the better off overall test. The Commission approved the agreement, recognising it as a fair and reasonable document that met the statutory standards under the Fair Work Act.

No further orders were made by the Commission, and the agreement was approved for registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established