DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ebos Group Australia Pty Ltd T/A EBOS Healthcare
(AG2019/1928)

EBOS GROUP AUSTRALIA PTY LTD (VICTORIA) AND THE NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER JOHNS	MELBOURNE, 20 JUNE 2019

Application for approval of the Ebos Group Australia Pty Ltd (Victoria) and the National Union of Workers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ebos Group Australia Pty Ltd (Victoria) and the National Union of Workers Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ebos Group Australia Pty Ltd T/A EBOS Healthcare. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2019. The nominal expiry date of the Agreement is 31 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ebos Group Australia Pty Ltd, trading as EBOS Healthcare, sought approval for its enterprise agreement with the National Union of Workers. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the necessary standards and was made in good faith. This application arose under the Fair Work Act 2009, focusing on whether the agreement was fair and appropriate for the employees covered.

The central legal issues included whether the agreement was genuinely negotiated, free from any improper influence, and if it complied with the provisions of the Fair Work Act. The court had to evaluate the negotiation process and the contents of the agreement to ensure that it met the requirements for approval. Furthermore, the court examined if the agreement was fair and reasonable, taking into account the interests of both the employer and the employees.

The FWC concluded that the agreement was genuinely negotiated in good faith and without any improper influence. It found that the agreement was fair and reasonable, considering the interests of both parties. The FWC highlighted that the negotiation process was thorough and involved significant participation from both the employer and the union. The contents of the agreement were deemed to be within the bounds of what was considered fair and reasonable under the Act.

The FWC approved the Ebos Group Australia Pty Ltd (Victoria) and the National Union of Workers Enterprise Agreement 2019, confirming its compliance with the legal requirements. The agreement was found to be fair and reasonable, and the negotiation process was deemed to be in good faith.

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