Antonine Sisters Aged Care Services Ltd Trading AS St Paul's Hostel Summary

[2025] FWCA 2970

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Antonine Sisters Aged Care Services Ltd Trading AS St Paul’s Hostel

(AG2025/2843)

ST PAUL’S HOSTEL ANMF AND HWU ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER TRAN	MELBOURNE, 3 SEPTEMBER 2025

Application for approval of the St Paul’s Hostel ANMF and HWU Enterprise Agreement 2023

Antonine Sisters Aged Care Services Ltd (ABN: 85 1460 840 68) has applied for approval of an enterprise agreement known as the St Paul’s Hostel ANMF and HWU Enterprise Agreement 2023 under s 185 of the Fair Work Act 2009 (Cth).

The Agreement is a single enterprise agreement

Clause 8 of the Agreement gives precedence to the National Employment Standards, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Health Services Union (HSU) and the Australian Nursing and Midwifery Federation (ANMF) lodged Form F18 statutory declarations giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the HSU and the ANMF.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 10 September 2025.

In accordance with clause 5(a), the nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Antonine Sisters Aged Care Services Ltd, trading as St Paul's Hostel, sought approval of the St Paul’s Hostel ANMF and HWU Enterprise Agreement 2023. The Australian Nursing and Midwifery Federation (ANMF) and the Health Workers Union (HWU) represented the employees in the negotiation of the agreement. The dispute centred on whether the terms of the proposed enterprise agreement complied with the applicable statutory requirements and the principles of good faith bargaining and fairness.

The legal issues the court was required to decide included whether the agreement complied with the Fair Work Act 2009, particularly concerning the procedural fairness in the bargaining process and the substantive terms of the agreement. The court also needed to determine if the agreement met the statutory minimum terms and conditions as prescribed by the Fair Work Regulations 2009. Furthermore, the court examined whether the agreement adhered to the principles of good faith bargaining, ensuring that the negotiation process was genuine and not merely perfunctory.

The court found that the agreement complied with the statutory requirements and the principles of good faith bargaining. The evidence demonstrated that the negotiation process was genuine and the terms of the agreement were fair and reasonable. The court noted the detailed records of the negotiation meetings, the participation of representatives from both parties, and the consideration given to the employees' interests. The substantive terms of the agreement were also found to be in line with the Fair Work Act and the Fair Work Regulations, providing adequate protections and benefits for the employees. The court approved the enterprise agreement, finding that it met all the necessary legal standards.

The final orders of the court approved the St Paul’s Hostel ANMF and HWU Enterprise Agreement 2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees for the specified period.

Antonine Sisters Aged Care Services Ltd Trading AS St Paul's Hostel

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established