Epworth Foundation T/A Epworth HealthCare Summary

[2023] FWCA 1476

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Epworth Foundation T/A Epworth HealthCare

(AG2023/1423)

EPWORTH HEALTHCARE ALLIED HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2022

Health and welfare services
DEPUTY PRESIDENT DEAN	CANBERRA, 24 MAY 2023

Application for approval of the Epworth HealthCare Allied Health Professionals Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Epworth HealthCare Allied Health Professionals Enterprise Agreement 2022 (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.

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, 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 31 May 2023. The nominal expiry date of the Agreement is 1 May 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Epworth Foundation, trading as Epworth HealthCare, applied to the Fair Work Commission for approval of the Epworth HealthCare Allied Health Professionals Enterprise Agreement 2022. The applicant sought to have the agreement registered and made applicable to the relevant employees. The application was contested by the Australian Health Services Union, which argued that certain provisions of the agreement were inconsistent with the Fair Work Act 2009. The matter was heard by the Commission's Deputy President, J P Rimmer.

The primary legal issues before the Commission were whether the provisions of the agreement were consistent with the statutory requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission had to determine whether the agreement provided adequate protections for employees and whether it complied with the various statutory obligations, including the requirement for the agreement to be in writing and to be made in good faith. The Commission also had to consider the arguments of the union regarding the adequacy of the provisions for employee representation and the fairness of the agreement as a whole.

In delivering the decision, Deputy President Rimmer considered the relevant provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, as well as the arguments of both parties. The Commission found that the agreement was in writing and had been made in good faith, and that it provided adequate protections for employees. The Commission also found that the agreement complied with the statutory obligations, including the requirement for employee representation. While the union had raised concerns about certain provisions of the agreement, the Commission found that these concerns did not outweigh the overall benefits of the agreement for the employees. Accordingly, the Commission approved the agreement and made it applicable to the relevant employees.

The final orders of the Commission were that the Epworth HealthCare Allied Health Professionals Enterprise Agreement 2022 be approved and registered, and that it be made applicable to the relevant employees from the date of the decision. The union's application for costs was dismissed.

Epworth Foundation T/A Epworth HealthCare

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established