CATHOLIC HOMES INCORPORATED

[2025] FWCA 757

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CATHOLIC HOMES INCORPORATED

(AG2025/318)

CATHOLIC HOMES INCORPORATED ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER SCHNEIDER	PERTH, 26 FEBRUARY 2025

Application for approval of the Catholic Homes Incorporated Enterprise Agreement 2023

Catholic Homes Incorporated (the Applicant) has made an application for the approval of an enterprise agreement known as the Catholic Homes Incorporated Enterprise Agreement 2023 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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 United Workers’ Union and the Australian Nursing Federation Industrial Union of Workers Perth (jointly, the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they seek to be covered by the Agreement. In accordance with section 201(2) of the Act, and based on the declarations provided, I note that the Unions are covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 March 2025.

The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Catholic Homes Incorporated, an entity representing the interests of Catholic Homes in Victoria, sought approval for the Enterprise Agreement 2023 from the Fair Work Commission. The dispute centred around the proposed terms and conditions for employees working under this agreement. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009, including the necessity for it to provide for the terms and conditions of employment that were no less favourable than the relevant national employment standards.

The primary legal issues before the Commission were whether the proposed agreement met the procedural requirements of the Fair Work Act and whether it provided for terms and conditions that were no less favourable than the national employment standards. Specifically, the Commission had to consider whether the agreement was made in good faith, whether it was appropriately registered, and whether it contained all the prescribed terms and conditions. Additionally, the Commission needed to assess whether the agreement adequately addressed minimum wage rates, penalty rates, leave entitlements, and other relevant employment standards.

In examining the application, the Commission considered evidence provided by both parties and assessed the agreement against the legislative requirements. The Commission found that the agreement was appropriately made in good faith and was registered as required by the Act. The agreement was found to contain all prescribed terms and conditions and provided for terms and conditions that were no less favourable than the national employment standards. The Commission concluded that the proposed agreement met all the necessary criteria and approved the application for the Enterprise Agreement 2023.

The Commission issued an order approving the Catholic Homes Incorporated Enterprise Agreement 2023, effective from the date of the decision. The agreement is now to be applied to the employees of Catholic Homes Incorporated, setting out their terms and conditions of employment as outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established