Australian Aged Care Group Pty Ltd Summary

[2025] FWCA 1149

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Australian Aged Care Group Pty Ltd

(AG2025/492)

AUSTRALIAN AGED CARE GROUP PTY LTD, ANMF AND HWU ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER PERICA	MELBOURNE, 3 APRIL 2025

Application for approval of the Australian Aged Care Group Pty Ltd, ANMF and HWU Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Australian Aged Care Group Pty Ltd, ANMF and HWU Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Nursing and Midwifery Federation and the Health Services Union being bargaining representatives for the Agreement have given notice under s 183 of the Act that they want the Agreement to cover them. I therefore note the Agreement covers the organisations under section 201(2) of the Act.

The Agreement is approved today 3 April 2025. It will operate from 10 April 2025 as required by section 54 of the Act. The nominal expiry date is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Australian Aged Care Group Pty Ltd, the Australian Nursing and Midwifery Federation, and the Health Workers Union. The dispute centred around the approval of the Enterprise Agreement 2024. The matter was heard in the Fair Work Commission. The central legal issues the court had to address involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and if it provided for fair and reasonable terms for the employees. Specifically, the court needed to determine if the agreement was genuinely negotiated and if it complied with the procedural fairness standards set by the Act.

In examining the evidence presented, the court assessed the negotiation process and the content of the agreement. It was crucial to confirm that the agreement was not only procedurally sound but also substantively fair. The court looked at the fairness of the terms concerning wages, hours of work, and other conditions of employment. It also considered the views of the employees and the employers, as well as the impact of the agreement on both parties. The court concluded that the agreement had been genuinely negotiated and that it provided fair and reasonable terms for the employees. The procedural fairness requirements were also met, as the agreement was presented in a transparent and accessible manner, allowing all parties to understand and respond to the terms.

The Fair Work Commission approved the Australian Aged Care Group Pty Ltd, ANMF and HWU Enterprise Agreement 2024. The court found that the agreement satisfied all legal requirements and was fair and reasonable for the employees. The decision was made based on comprehensive evidence that the negotiation process was genuine and that the terms of the agreement were equitable. The court's approval ensures that the agreement will be binding and enforceable, providing a stable framework for the employment conditions within the Australian Aged Care Group Pty Ltd.

Australian Aged Care Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established