Barunga Village T/A Barunga Village Inc

[2025] FWCA 689

[2025] FWCA 689

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Barunga Village T/A Barunga Village Inc

(AG2025/200)

BARUNGA VILLAGE INC NON-NURSING EMPLOYEES ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER FOX	MELBOURNE, 25 FEBRUARY 2025

Application for approval of the Barunga Village Inc Non-Nursing Employees Enterprise Agreement 2024.

1. An application has been made for approval of an enterprise agreement known as the Barunga Village Inc Non-Nursing Employees Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Barunga Village T/A Barunga Village Inc (the Employer). The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

1. The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. 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 undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

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

• Casual Conversion: Clause 4.4.4 of the Agreement provides that where a casual employee who is regularly rostered, for hours of work on a regular basis and would otherwise be regarded as a part-time employee, the employer and employee may mutually agree that they remain classified as a casual employee. This conflicts with the casual conversion entitlements under the NES.

• Compassionate Leave: Pursuant to clause 7.5 of the Agreement, the entitlement to compassionate leave does not extend to after the stillbirth of a child of the employee, or a member of the employee’s immediate family or household as per s.105(1)(b) of the Act, or after the employee or the employee’s spouse or de facto partner has a miscarriage as per s.105(1)(c) of the Act.

1. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

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) of the Act, 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 4 March 2025. The nominal expiry date of the Agreement is 6 January 2028.

COMMISSIONER

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Annexure A