Epworth Foundation Trading AS Epworth HealthCare

[2025] FWCA 1983

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Epworth Foundation Trading AS Epworth HealthCare

(AG2025/1677)

EPWORTH HEALTHCARE NURSES AND MIDWIVES ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER PERICA	MELBOURNE, 16 JUNE 2025

Application for approval of the Epworth HealthCare Nurses and Midwives Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Epworth HealthCare Nurses and Midwives Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 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 section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 16 June 2025. It will operate from 23 June 2025 as required by section 54 of the Act. The nominal expiry date is 30 September 2027.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Epworth Foundation Trading as Epworth HealthCare to have the Epworth HealthCare Nurses and Midwives Enterprise Agreement 2024 approved. The parties engaged in negotiations but could not reach a consensus on certain terms. The dispute centred on the interpretation and application of the Fair Work Act 2009, specifically whether the proposed agreement met the requirements for approval under the Act.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the formal requirements set out in section 230 of the Fair Work Act 2009. This involved determining if the agreement had been fairly and genuinely negotiated and if it contained the necessary minimum terms as per the Act. The Commission also needed to consider whether the agreement adhered to the principles of good faith bargaining and the best interests of the employees.

In delivering its decision, the Commission examined the negotiation process and the terms of the proposed agreement. It found that the agreement had been fairly and genuinely negotiated, meeting the statutory requirements. The Commission also determined that the agreement contained all the necessary minimum terms and adhered to the principles of good faith bargaining and the best interests of the employees. Consequently, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Epworth HealthCare Nurses and Midwives Enterprise Agreement 2024, finding that it met all the necessary statutory requirements and adhered to the principles of good faith bargaining and the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established