| [2022] FWCA 362 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Epworth Foundation T/A Epworth HealthCare
(AG2021/9144)
Epworth HealthCare Dietitians, Psychologists, and Medical Scientists Enterprise Agreement 2021-2025
| Health and welfare services | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 7 FEBRUARY 2022 |
Application for approval of the Epworth HealthCare Dietitians, Psychologists, and Medical Scientists Enterprise Agreement 2021-2025
An application has been made for approval of an enterprise agreement known as the Epworth HealthCare Dietitians, Psychologists, and Medical Scientists Enterprise Agreement 2021-2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Health Services Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 14 February 2022. The nominal expiry date of the Agreement is 13 February 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE514847 PR738091>
Annexure A
- AGLC
- Epworth Foundation T/A Epworth HealthCare [2022] FWCA 362
- Case
- [2022] FWCA 362
- Decision Date
CaseChat Overview and Summary
The primary legal issue that the court had to address was whether the proposed enterprise agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. This included whether the agreement met the requirements for "independent" bargaining, which necessitates that the agreement is not the result of a "protected action" as defined by the Act. Additionally, the court needed to consider whether the agreement provided fair and reasonable terms for the employees, including wages, conditions, and dispute resolution mechanisms.
The Fair Work Commission found that the proposed agreement was the product of independent bargaining and did not result from a protected action. Furthermore, the Commission determined that the agreement provided fair and reasonable terms for the employees. The Commission was satisfied that the agreement addressed the needs of both the employer and employees, and it met the statutory requirements for approval. Consequently, the Commission approved the proposed enterprise agreement.
The final orders of the Fair Work Commission were that the Epworth HealthCare Dietitians, Psychologists, and Medical Scientists Enterprise Agreement 2021-2025 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were directed to comply with its terms.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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