Carinya Lodge Homes Incorporated

[2025] FWCA 3018

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Carinya Lodge Homes Incorporated

(AG2025/2704)

GRACE AGED CARE VICTORIA ENTERPRISE AGREEMENT 2025-2028

Aged care industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 8 SEPTEMBER 2025

Application for approval of the GRACE Aged Care Victoria Enterprise Agreement 2025-2028

An application has been made for approval of an enterprise agreement known as the GRACE Aged Care Victoria Enterprise Agreement 2025-2028 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a multi-enterprise agreement. The application has been made by Carinya Lodge Homes Incorporated (Applicant). The Agreement is expressed to cover the following employer entities (Covered Employers):

a.   Carinya Lodge Homes Incorporated
b.   Wonthaggi & District Elderly Citizens Home T/A Rose Lodge Hostel
c.   Woorayl Lodge Incorporated
d.   Hillview Bunyip Aged Care Incorporated

The Covered Employers each provided written undertakings in the same terms (Annexure A) in response to issues raised by the Commission in relation to the application. In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The bargaining representatives have indicated their acceptance of the undertakings provided. 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.

Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 4.2 of the Agreement provides that where there is an inconsistency between the agreement and the National Employment Standards (NES), and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

The Australian Nursing & Midwifery Federation (Victorian Branch) (ANMF) and the Health Services Union of Australia Victoria No 1 Branch, trading as the Health Workers Union (HWU) 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 ANMF and the HWU.

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

Printed by authority of the Commonwealth Government Printer

Annexure A

Carinya Lodge Homes Incorporated applied to the Fair Work Commission for approval of the GRACE Aged Care Victoria Enterprise Agreement 2025-2028. The applicant sought to implement the terms of the agreement with the proposed changes, including amendments to wages and conditions for the employees covered by the agreement. The Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 and whether the changes proposed were in the best interests of the employees.

The legal issues before the Commission were whether the proposed changes to the agreement would result in a fair and reasonable outcome for the employees and whether the changes complied with the requirements of the Fair Work Act 2009. The Commission considered whether the changes proposed were necessary and appropriate to ensure the continued viability of the applicant and whether the changes would result in a fair and reasonable outcome for the employees.

The Commission found that the proposed changes to the agreement were necessary and appropriate to ensure the continued viability of the applicant. The Commission also found that the changes proposed were in the best interests of the employees and would result in a fair and reasonable outcome for them. The Commission was satisfied that the changes complied with the requirements of the Fair Work Act 2009 and approved the agreement. The Commission noted that the changes proposed would provide the employees with improved wages and conditions and would ensure the continued provision of high-quality aged care services to the community.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established