EBOS Group Australia Pty Ltd T/A EBOS Healthcare

[2023] FWCA 1112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

EBOS Group Australia Pty Ltd T/A EBOS Healthcare

(AG2023/660)

EBOS GROUP AUSTRALIA PTY LTD (VICTORIA) ENTERPRISE AGREEMENT 2023

Storage services
DEPUTY PRESIDENT EASTON	SYDNEY, 18 APRIL 2023

Application for approval of the EBOS Group Australia Pty Ltd (Victoria) Enterprise Agreement 2023.

EBOS Group Australia Pty Ltd T/A EBOS Healthcare (the Employer) has made an application for the approval of the EBOS Group Australia Pty Ltd (Victoria) Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

EBOS Group Australia Pty Ltd, trading as EBOS Healthcare, sought approval for their 2023 Enterprise Agreement from the Fair Work Commission. The agreement was to be applied to their employees in Victoria and was intended to set out the terms and conditions of employment for the specified period. The nature of the dispute centred around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The application was made to the Fair Work Commission, which has the jurisdiction to approve enterprise agreements that comply with the legislative framework.

The legal issues before the Commission included whether the agreement had been fairly negotiated, if it contained the mandated minimum terms and conditions, and if it adhered to procedural requirements such as providing notice to employees and the relevant unions. Additionally, the Commission needed to assess whether the agreement met the better-off-overall test, ensuring that no party was disadvantaged by the terms of the agreement.

The Commission found that the agreement had been fairly negotiated and contained all the mandated minimum terms and conditions. The procedural requirements were also met, with proper notice given to employees and relevant unions. The Commission was satisfied that the agreement met the better-off-overall test, as it provided for improved conditions for the employees without disadvantaging any party. Consequently, the Fair Work Commission approved the EBOS Group Australia Pty Ltd (Victoria) Enterprise Agreement 2023, finding it to be compliant with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established