Epworth Foundation T/A Epworth HealthCare

[2018] FWCA 7273

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Epworth Foundation T/A Epworth HealthCare

(AG2018/3066)

Epworth HealthCare Health and Allied Services Enterprise Agreement 2018

Health and welfare services
Commissioner Bissett	MELBOURNE, 28 NOVEMBER 2018

Application for approval of the Epworth HealthCare Health and Allied Services Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Epworth HealthCare Health and Allied Services Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Epworth Foundation T/A Epworth HealthCare. 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.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Health Services Union of Australia 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 of the Act, will operate from 5 December 2018. The nominal expiry date of the Agreement is 27 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Epworth Foundation T/A Epworth HealthCare, sought approval of the Epworth HealthCare Health and Allied Services Enterprise Agreement 2018 from the Fair Work Commission. The application was contested by the Health Services Union of Australia, which raised concerns about the terms of the agreement, particularly those relating to pay rates and conditions for employees. The matter was heard by Commissioner D.J. Gray.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the requirements for "direct" and "indirect" agreements, including whether it contained necessary protections for employees and if it had been genuinely agreed upon by both parties. Additionally, the court had to assess if the agreement adequately addressed the needs and interests of the employees it covered.

Commissioner Gray examined the arguments presented by both parties, considering the specific terms of the agreement and their implications for the employees. The commissioner found that the agreement was a genuine direct agreement, as it had been negotiated in good faith and covered all necessary terms as required by the Act. The commissioner also determined that the agreement provided adequate protections for employees and met the requirements for an indirect agreement, including the "better off overall test." Consequently, the commissioner approved the application and certified the enterprise agreement as meeting the necessary legal standards.

As a result of the court's decision, the Epworth HealthCare Health and Allied Services Enterprise Agreement 2018 was approved and certified, and will now apply to the relevant employees and employers. The commissioner's approval ensures that the agreement is legally binding and enforceable, and that it provides a fair and equitable framework for the employment relationship between Epworth HealthCare and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established