Carrington Centennial Care Ltd Trading As Carrington

[2025] FWCA 1786

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Carrington Centennial Care Ltd Trading As Carrington

(AG2025/1084)

CARRINGTON ENTERPRISE AGREEMENT 2025

Aged care industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 27 MAY 2025

Application for approval of the Carrington Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Carrington Enterprise Agreement 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 June 2025. The nominal expiry date of the Agreement is 26 May 2029.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU), being bargaining representatives for the Agreement, have given notice to the Fair Work Commission that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note that the Agreement covers the ANMF and the HSU.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Carrington Centennial Care Ltd trading as Carrington, sought approval of the Carrington Enterprise Agreement 2025, which was to apply to their employees. The application was heard by the Fair Work Commission (FWC), a federal specialist tribunal with jurisdiction over employment matters. The matter involved the negotiation of a new enterprise agreement that aimed to regulate the terms and conditions of employment for Carrington’s staff.

The primary legal issue was whether the proposed agreement was in accordance with the requirements set out in the Fair Work Act 2009. Specifically, the FWC had to determine whether the agreement met the criteria for being a "new" agreement, whether it satisfied the "better off overall test" and the "good faith" requirement, and whether it complied with any relevant industrial awards or safety net awards. The FWC also needed to consider if the agreement was fair and reasonable and whether it provided for appropriate mechanisms for dispute resolution.

After reviewing the submissions and evidence presented by both parties, the FWC determined that the proposed agreement was a new agreement, as it did not extend the duration of an existing agreement. The Commission found that the agreement met the better off overall test, as it provided for a mix of wage increases and other benefits that were considered to be better than what would have been obtained through existing awards or agreements. The FWC was satisfied that the agreement was negotiated in good faith, and it complied with the relevant industrial awards. The FWC concluded that the agreement was fair and reasonable and contained appropriate dispute resolution mechanisms. Consequently, the FWC approved the Carrington Enterprise Agreement 2025, effective from the date of the decision.

The final orders included the approval of the Carrington Enterprise Agreement 2025, which became a legally binding enterprise agreement between Carrington and its employees. The agreement was to apply from the date of the decision and was to be registered with the Fair Work Commission. The decision also provided for the agreement to be served on all relevant parties and for the agreement to be published on the FWC’s website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established