Baptcare Limited Trading AS Baptcare

[2025] FWCA 1679

[2025] FWCA 1679

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Baptcare Limited Trading AS Baptcare

(AG2025/1334)

BAPTCARE KARINGAL COMMUNITY ENTERPRISE AGREEMENT 2024

Aged care industry
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 20 MAY 2025

Application for approval of the Baptcare Karingal Community Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Baptcare Karingal Community Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Baptcare Limited Trading AS Baptcare. The Agreement is a single enterprise agreement.

1. The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

1. The Notice of Representational Rights (NERR) distributed to employees is a pre-6 June 2023 reforms version. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical departure from the NERR requirements under s.174 of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 37.1 of the Agreement, providing for annual leave, which states that a full-time employee will be entitled to four weeks of annual leave after 12 months continuous service, inconsistent with s87 of the Act, providing for four weeks of annual leave for each year of service.

·           Clause 37.3 of the Agreement, which provides that shiftworkers are entitled to an additional week of annual leave after 12 months services, inconsistent with s.87 of the Act.

However, noting clause 4 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.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. The Health Services Union, Tasmania Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2025. The nominal expiry date of the Agreement is 31 October 2026.

DEPUTY PRESIDENT

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