Everability Group Limited Summary

[2025] FWCA 756

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Everability Group Limited

(AG2025/229)

EVERABILITY GROUP LIMITED ENTERPRISE AGREEMENT 2024-2027

Social, community, home care and disability services
COMMISSIONER SCHNEIDER	PERTH, 26 FEBRUARY 2025

Application for approval of the EverAbility Group Limited Enterprise Agreement 2024-2027

Everability Group Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the EverAbility Group Limited Enterprise Agreement 2024-2027 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Health Services Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 March 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

EverAbility Group Limited, a major player in the aged care sector, sought approval of the Enterprise Agreement 2024-2027 from the Fair Work Commission. The applicants, EverAbility Group Limited and the Australian Nursing and Midwifery Federation, aimed to secure the agreement's endorsement to govern employment terms for employees over the specified period. The Commission was tasked with determining whether the agreement met the legal standards set forth in the Fair Work Act 2009.

The central legal issue before the Commission was whether the Enterprise Agreement 2024-2027 complied with the requirements of the Fair Work Act. Specifically, the Commission needed to assess whether the agreement had been made "in accordance with the relevant provisions of the Act." This involved examining whether the agreement was genuinely negotiated and whether it included essential minimum terms. The Commission also considered whether the agreement was in the best interests of the employees and whether it provided fair and reasonable outcomes.

In its decision, the Commission meticulously reviewed the negotiation process and the contents of the agreement. It concluded that the agreement had been genuinely negotiated between the parties and that it included all the required essential minimum terms. The Commission found that the agreement was in the best interests of the employees, as it provided a fair and reasonable outcome. Consequently, the Commission approved the Enterprise Agreement 2024-2027, certifying it as meeting all the legal requirements.

Everability Group Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established