Arcare Pty Ltd
[2025] FWCA 1924
•10 JUNE 2025
| [2025] FWCA 1924 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Arcare Pty Ltd
(AG2025/1489)
ARCARE PTY LTD, AGED CARE SERVICES, QUEENSLAND- ENTERPRISE AGREEMENT 2024
| Aged care industry | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 10 JUNE 2025 |
Application for approval of the Arcare Pty Ltd, Aged Care Services, Queensland- Enterprise Agreement 2024
This decision deals with an application made for approval of an enterprise agreement known as the Arcare Pty Ltd, Aged care Services, Queensland- Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Arcare Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
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.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, 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.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 48.5– Public Holidays to the extent that agreement to substitute may be reached between the employer and an individual employee.
However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Workers’ Union (AWU), Australian Nursing and Midwifery Federation/Queensland Nurses and Midwives’ Union (QNMU), United Workers Union (UWU) and Health Services Union (HSU) have each lodged a Form F18 statutory declaration 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 AWU, QNMU, UWU, and HSU.
The QNMU, the AWU and UWU raised concerns regarding the Better Off Overall Test (BOOT). I have considered those submissions, together with those made by the Applicant and have determined that given the more beneficial terms of the Agreement and the undertakings given, I am satisfied that the Agreement passes the BOOT.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.
DEPUTY PRESIDENT
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
Printed by authority of the Commonwealth Government Printer
<AE529311 PR788062>
0
0
0