Christian Homes Tasmania Ltd T/A Christian Homes Tasmania

[2025] FWCA 2937

[2025] FWCA 2937

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Christian Homes Tasmania Ltd T/A Christian Homes Tasmania

(AG2025/2812)

CHRISTIAN HOMES TASMANIA LTD ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER REDFORD	MELBOURNE, 2 SEPTEMBER 2025

Application for approval of the Christian Homes Tasmania Ltd Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Christian Homes Tasmania Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Christian Homes Tasmania Ltd T/A Christian Homes Tasmania (Christian homes). The Agreement is a single enterprise agreement.

Interaction with the National Employment Standards

1. Clause 6.3 of the Agreement provides that where there is an inconsistency between a clause in the Agreement and the National Employment Standards (NES) (which would apply), and the NES provides a greater benefit, the NES provision will apply to the extent of this inconsistency (NES precedence clause).

1. On this basis, I am satisfied that any inconsistency with the NES does not prevent the approval of this agreement. In this regard, I note that the Health Services Union, Tasmanian Branch (HSU), who was a bargaining representative for the Agreement, while not in opposition to the application, submitted that clause 44 of the Agreement, which deals with family and domestic violence leave, is inconsistent with the NES because it provides that the time an employee is on leave to deal with family and domestic violence does not count as service. In so far as this provision, which appears inconsistent with s 22 of the Act in any event, would have resulted in the miscalculation of any entitlement provided for in the NES, the NES precedence clause will operate to provide the superior benefit.

Consideration

1. On the basis of the material filed in support of the application I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. The HSU and the Australian Nursing and Midwifery Federation (ANMF) both being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the HSU and the ANMF.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

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