Eskleigh Foundation Incorporated

[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

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.

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.

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.

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.

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.

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

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Eskleigh Foundation Incorporated, an employer, sought approval of a proposed enterprise agreement with its employees. The proposed agreement, titled the Eskleigh Foundation Incorporated Enterprise Agreement 2024, aimed to regulate various terms and conditions of employment, including wages, hours of work, and other employment-related matters. The dispute arose from negotiations between the parties, leading to the application for approval by the Commission.

The legal issues before the Commission involved assessing whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the formal requirements for an enterprise agreement, whether it provided for genuine bargaining between the parties, and if it contained terms that were within the scope of what could be negotiated under the Act.

In examining these issues, the Commission considered submissions from both parties, the content of the proposed agreement, and any relevant precedents. The Commission concluded that the proposed agreement met the formal requirements and evidenced genuine bargaining. It found that the terms of the agreement were within the scope of permissible content and did not contravene any provisions of the Fair Work Act. Therefore, the Commission approved the Eskleigh Foundation Incorporated Enterprise Agreement 2024.

The Fair Work Commission approved the Eskleigh Foundation Incorporated Enterprise Agreement 2024, effective from the date of the decision. The agreement now governs the employment terms between Eskleigh Foundation Incorporated and its employees, subject to the ongoing obligations under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established