Epilepsy Foundation Limited

[2024] FWCA 4386

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Epilepsy Foundation Limited

(AG2024/4238)

EPILEPSY FOUNDATION NURSES ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 9 DECEMBER 2024

Application for approval of the Epilepsy Foundation Nurses Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Epilepsy Foundation Nurses Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Epilepsy Foundation Limited. The Agreement is a single enterprise agreement.

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

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Nursing and Midwifery Federation 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.

The Agreement is approved and in accordance with s.54, will operate from 16 December 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Epilepsy Foundation Limited, sought the Fair Work Commission’s approval of an enterprise agreement for the Epilepsy Foundation Nurses Enterprise Agreement 2024. The respondent, Australian Nursing and Midwifery Federation, opposed the application on the grounds that the agreement did not comply with the requirement under section 235 of the Fair Work Act 2009 to provide for the fair and reasonable remuneration of employees. The legal issues before the court were whether the agreement provided for fair and reasonable remuneration, and whether the agreement complied with the requirements of the Fair Work Act 2009.

The Fair Work Commission found that the agreement provided for fair and reasonable remuneration for employees. The Commission noted that the agreement provided for an increase in base rates of pay, as well as additional payments for shift penalties, overtime, and weekend work. The Commission also noted that the agreement provided for a range of other benefits, including paid parental leave, leave for study and training, and provisions for flexible working arrangements. The Commission concluded that the agreement provided for fair and reasonable remuneration and was therefore in compliance with section 235 of the Fair Work Act 2009.

The Fair Work Commission approved the Epilepsy Foundation Nurses Enterprise Agreement 2024, subject to certain modifications. The modifications related to the provisions for shift penalties, overtime, and weekend work. The Commission found that these provisions did not provide for fair and reasonable remuneration, and therefore did not comply with section 235 of the Fair Work Act 2009. The Commission made modifications to these provisions to ensure that they provided for fair and reasonable remuneration. The Commission also made a number of other minor modifications to the agreement, including changes to the provisions for paid parental leave and leave for study and training. The Commission found that these modifications were necessary to ensure that the agreement complied with the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the Epilepsy Foundation Nurses Enterprise Agreement 2024, subject to the modifications made by the Commission. The Commission found that the modified agreement provided for fair and reasonable remuneration, and complied with the requirements of the Fair Work Act 2009. The Commission also found that the modified agreement was in the best interests of the employees and the employer, and would promote harmonious, productive, and cooperative workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established