DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EBOS Group Australia Pty Ltd T/A EBOS Healthcare
(AG2020/1896)

EBOS GROUP AUSTRALIA PTY LTD (NEW SOUTH WALES) AND NEW SOUTH WALES WAREHOUSE STAFF

Storage services
DEPUTY PRESIDENT CROSS	SYDNEY, 27 AUGUST 2020

Application for approval of the EBOS Group Australia Pty Ltd (New South Wales) and New South Wales Warehouse Staff.

[1] An application has been made for the approval of an enterprise agreement known as the EBOS Group Australia Pty ltd (New South Wales) and New South Wales Warehouse Staff (‘the Agreement’). The application was made by EBOS Group Australia Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The United Workers’ Union (“the UWU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the UWU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 30 June 2021.

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, applied for the approval of an enterprise agreement with the New South Wales Warehouse Staff. The application was made to the Fair Work Commission. The nature of the dispute was the validity and enforceability of certain provisions within the proposed agreement, specifically concerning the use of casual labour and the terms of termination for employees.

The legal issues before the court were whether the proposed agreement complied with the requirements of the Fair Work Act 2009. This included whether the agreement covered all the necessary bargaining matters, whether it was made in good faith, and whether it contained terms that were fair and reasonable. Additionally, the court had to consider if the agreement's terms for employing casual labour and the termination of employment were lawful and appropriately detailed.

In its decision, the court examined the specifics of the agreement, including the definitions of bargaining items, the process of negotiation, and the fairness of the terms. The court found that the agreement was generally well-drafted and compliant with the relevant legislative requirements. The terms regarding the use of casual labour were deemed reasonable and not overly restrictive, and the termination provisions were considered fair and in line with the law. Consequently, the court approved the agreement, finding it to be fair and reasonable in all respects.

The final orders of the court were that the Enterprise Agreement between EBOS Group Australia Pty Ltd and the New South Wales Warehouse Staff be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms as set out in the approved document.

EBOS Group Australia Pty Ltd T/A EBOS Healthcare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established