Boneham Aged Care Services Inc T/A Boneham Aged Care Services

Case

[2025] FWCA 549

11 FEBRUARY 2025


[2025] FWCA 549

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boneham Aged Care Services Inc T/A Boneham Aged Care Services

(AG2025/166)

BONEHAM AGED CARE SERVICES INC NURSING EMPLOYEES (AGED CARE) & ANMF-SA ENTERPRISE AGREEMENT 2023

Aged care industry

DEPUTY PRESIDENT O’NEILL

MELBOURNE, 11 FEBRUARY 2025

Application for approval of the Boneham Aged Care Services Inc Nursing Employees (Aged Care) & ANMF-SA Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the Boneham Aged Care Services Inc Nursing Employees (Aged Care) & ANMF-SA Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boneham Aged Care Services Inc T/A Boneham Aged Care Services. The Agreement is a single enterprise agreement.

  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 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 Australian Nursing and Midwifery Federation (ANMF) 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 18 February 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT
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<AE528001  PR784253>

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