DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Epworth Foundation T/A Epworth HealthCare
(AG2018/2273)

EPWORTH HEALTHCARE HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 25 OCTOBER 2018

Application for approval of the Epworth HealthCare Health Professionals Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Epworth HealthCare Health Professionals 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.

[2] 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement lodged contained an error at Schedule B. On 19 September 2018 the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2018. The nominal expiry date of the Agreement is 22 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Epworth Foundation, trading as Epworth HealthCare, and various unions representing health professionals. The matter before the court was an application for the approval of the Epworth HealthCare Health Professionals Enterprise Agreement 2018. The unions argued that the proposed agreement did not meet the requirements of the Fair Work Act 2009. The court was tasked with determining whether the agreement should be approved, despite the objections raised.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the Fair Work Act. The unions contended that the agreement did not appropriately address certain matters, including the provision of adequate notice for changes to shift patterns, the classification of roles, and the calculation of penalty rates. They further argued that the agreement failed to adequately protect employees from undue hardship due to changes in their working conditions. The court had to assess the validity of these claims and decide whether the agreement should be approved.

The court examined the provisions of the Fair Work Act and considered the arguments presented by both parties. It found that while there were some shortcomings in the agreement, the overall provisions were in line with the requirements of the Act. The court determined that the agreement provided for fair and reasonable terms and conditions of employment, and that the objections raised by the unions did not sufficiently undermine the agreement's validity. Consequently, the court approved the Epworth HealthCare Health Professionals Enterprise Agreement 2018.

The final orders of the court were that the Epworth HealthCare Health Professionals Enterprise Agreement 2018 be approved and registered. This decision allows the agreement to come into effect, providing a framework for the terms and conditions of employment for the relevant health professionals at Epworth HealthCare.

Epworth Foundation T/A Epworth HealthCare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established