EBOS Group Australia Pty Ltd t/as EBOS Healthcare Summary

[2025] FWCA 2764

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

EBOS Group Australia Pty Ltd t/as EBOS Healthcare

(AG2025/2665)

EBOS GROUP AUSTRALIA PTY LTD (NEW SOUTH WALES) ENTERPRISE AGREEMENT 2025

Storage services
COMMISSIONER MCKINNON	SYDNEY, 19 AUGUST 2025

Application for approval of the EBOS Group Australia Pty Ltd (New South Wales) Enterprise Agreement 2025

EBOS Group Australia Pty Ltd t/as EBOS Healthcare has applied for approval of a single enterprise agreement known as the EBOS Group Australia Pty Ltd (New South Wales) Enterprise Agreement 2025 (the Agreement).

On the papers and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 26 August 2025. The nominal expiry date of the Agreement is 30 June 2029.

The Agreement covers the United Workers’ Union.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are EBOS Group Australia Pty Ltd, trading as EBOS Healthcare, and its employees. The dispute pertains to the application for approval of the EBOS Group Australia Pty Ltd (New South Wales) Enterprise Agreement 2025. The matter was heard in the Fair Work Commission, an Australian independent statutory body responsible for the resolution of workplace disputes and the development of a cooperative and productive workplace relations system. The court was tasked with determining whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues before the court were whether the enterprise agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements set out in the Act. This included assessing whether the agreement had been negotiated in good faith, whether it provided for the proper protection of employees' interests, and whether it contained terms that were contrary to public policy or that undermined the rights of employees. The court also considered whether the agreement met the "better off overall test" and whether it was in the best interests of the employees.

In making its decision, the Fair Work Commission considered the evidence and submissions presented by both parties. The Commission found that the enterprise agreement provided for fair and reasonable terms and conditions, and that it complied with the procedural requirements set out in the Act. The Commission noted that the agreement had been negotiated in good faith and that it provided for the proper protection of employees' interests. The Commission also found that the agreement did not contain any terms that were contrary to public policy or that undermined the rights of employees. The Commission was satisfied that the agreement met the "better off overall test" and was in the best interests of the employees.

As a result of its findings, the Fair Work Commission approved the EBOS Group Australia Pty Ltd (New South Wales) Enterprise Agreement 2025. The court's decision provides certainty and clarity for both the employer and employees, ensuring that the terms and conditions of employment are fair and reasonable, and that the agreement complies with the requirements of the Act.

EBOS Group Australia Pty Ltd t/as EBOS Healthcare

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established