DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EBOS Group Australia Pty Ltd T/A EBOS Healthcare
(AG2021/6103)

EBOS GROUP AUSTRALIA PTY LTD (NEW SOUTH WALES) ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 10 AUGUST 2021

Application for approval of the EBOS Group Australia Pty Ltd (New South Wales) Enterprise Agreement 2021.

[1] EBOS Group Australia Pty Ltd T/A EBOS Healthcare (the Employer) has made an application for approval of an enterprise agreement known as the EBOS Group Australia Pty Ltd (New South Wales) Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The copy of the Notice of Employee Representational Rights (NERR) provided to employees states that the Agreement is proposed to cover employees that perform Storeworker work at Unit 2, 109 Vanessa Street, Kingsgrove NSW, 2208. However, clause 3.1 of the Agreement provides that the Agreement applies in respect of employment of persons by EBOS Healthcare at Unit 2, 109 Vanessa Street, Kingsgrove NSW, 2208 or at any other location in New South Wales where this work is performed. Further, the NERR was provided to a covered employee more than 14 days after the notification time. The Employer provided submissions and a statutory declaration as to these errors on 28 July 2021. I am satisfied having regard to those submissions and the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others 1 (Huntsman)that these constitute minor technical or procedural errors for the purposes s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by these errors.

[3] Accordingly, notwithstanding the matters identified in paragraph [2] above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).

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

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.

[6] The United Workers' Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 10 August 2021 and, in accordance with s 54, will operate from 17 August 2021. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

1 [2019] FWCFB 318

EBOS Group Australia Pty Ltd, trading as EBOS Healthcare, sought approval for its Enterprise Agreement 2021. The application was made to the Fair Work Commission, which adjudicated on the matter. The nature of the dispute involved whether the proposed terms and conditions outlined in the agreement complied with the relevant industrial legislation, specifically the Fair Work Act 2009.

The court had to determine if the enterprise agreement provided for fair and reasonable terms for employees, as required by section 230 of the Act. It also needed to assess whether the agreement met the procedural requirements for enterprise agreements under the Act, including whether the agreement had been made with appropriate employee and employer representatives. Furthermore, the court examined whether the agreement satisfied the 'better off overall test' under section 231 of the Act, ensuring that employees were not worse off financially or in terms of other conditions of employment.

The Fair Work Commission found that the EBOS Group Australia Pty Ltd (New South Wales) Enterprise Agreement 2021 was fair and reasonable and met the procedural requirements for approval. The Commission determined that employees would be better off overall with the proposed terms and conditions, as it provided a balance of benefits and did not disadvantage the workforce. Consequently, the Commission approved the enterprise agreement, confirming its compliance with the Fair Work Act 2009.

In conclusion, the Fair Work Commission approved the application for the EBOS Group Australia Pty Ltd (New South Wales) Enterprise Agreement 2021, affirming its compliance with the Fair Work Act 2009. The Commission's decision acknowledged the agreement's fairness, procedural compliance, and its positive impact on the employees' terms and conditions.

EBOS Group Australia Pty Ltd T/A EBOS Healthcare

DECISION

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