Ireach Rural Health Inc
[2025] FWCA 2363
•17 JULY 2025
| [2025] FWCA 2363 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ireach Rural Health Inc
(AG2025/1487)
IREACH RURAL HEALTH INC ENTERPRISE BARGAINING AGREEMENT 2025
| Health and welfare services | |
| COMMISSIONER THORNTON | ADELAIDE, 17 JULY 2025 |
Application for approval of the iReach Rural Health Inc Enterprise Bargaining Agreement 2025
An application has been made for approval of an enterprise agreement known as the iReach Rural Health Inc Enterprise Bargaining Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by iREACH Rural Health Inc (the Applicant). The Agreement is a single enterprise agreement.
The copy of the Agreement filed with the application for approval did not contain a signed signature page as required in accordance with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was later filed that met the requirements of the Act and Regulations. The Applicant filed submissions requesting that I allow an amendment of a document relating to the matter. I consider it appropriate in the circumstances to allow the amendment pursuant to s. 586(a) of the Act.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided and clause 1.4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement does not contain a definition of shiftworker for the purposes of the NES. The Applicant has advised the Commission that it does not employ any shiftworkers for the purposes of the NES and shift work is not a pattern of work available for those employed by the Applicant.
The Applicant has submitted that most employees do not work beyond 6:00pm Monday to Friday, except for a limited group of employees who work up to two days per week between 11:00am and 7:00pm and employees classified at iREACH-4 who work usually no more than one day per quarter up to 10:00pm in the evening. The Applicant has told the Commission that weekend work is uncommon and if it is undertaken it is up to three weekends a year and only for classifications above iREACH-3. Further, the Applicant has submitted that employees are not regularly required to work on public holidays as the Applicant does not operate on public holidays.
Pursuant to sections 193A(6) and (6A) of the Act, I have had regard to and accept the submissions of the Applicant Employer that patterns of work which may cause employees to be better off under the relevant Award are not consistent with the current rostering arrangements or otherwise reasonably foreseeable. For completeness I note the terms of section 227A of the Act that allows the Commission, in certain circumstances, to reconsider whether the Agreement passes the better off overall test if there are changes to the patterns of work at a later time.
The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations respectively giving notice under s.183 of the Act that they want the Agreement to cover their organisations. In accordance with s.201(2) of the Act, I note the Agreement covers the ANMF and the HSU.
The Agreement is approved and will operate in accordance with s.54 of the Act from 24 July 2025. The nominal expiry date of the Agreement is 24 July 2029.
COMMISSIONER
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