Eskleigh Foundation Incorporated

Case •

[2025] FWCA 581

•

13 FEBRUARY 2025
[2025] FWCA 581

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Eskleigh Foundation Incorporated

(AG2025/42)

ESKLEIGH FOUNDATION INCORPORATED ENTERPRISE AGREEMENT 2024

Social, community, home care and disability services

DEPUTY PRESIDENT O’NEILL

MELBOURNE, 13 FEBRUARY 2025

Application for approval of the Eskleigh Foundation Incorporated Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Eskleigh Foundation Incorporated Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eskleigh Foundation Incorporated. The Agreement is a single enterprise agreement.

  1. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Social, Community, Home Care and Disability Services Industry Award 2010 is taken to be a term of the Agreement.

  1. 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. The undertakings are taken to be a term of the agreement.

  1. 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.

  1. The Health Services Union (HSU) 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 HSU supports approval of the Agreement and are of the view that the Agreement passes the better off overall test.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2025. The nominal expiry date of the Agreement is 1 February 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE528031  PR784344>

Annexure A

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