Christian Homes Tasmania Ltd T/A Christian Homes Tasmania Summary

[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

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

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).

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

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.

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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Christian Homes Tasmania Ltd T/A Christian Homes Tasmania was the applicant seeking approval of the Christian Homes Tasmania Ltd Enterprise Agreement 2024. The respondent was the Australian Workers’ Union Tasmanian Branch. The dispute involved the terms of employment outlined in the proposed enterprise agreement, which was subject to approval by the Fair Work Commission under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the requirements for direct approval.

The central legal issues revolved around whether the agreement contained all the necessary provisions as per the Fair Work Act, whether it complied with the "better off overall test," and if it was in the interests of industrial fairness. The Commission had to examine if the agreement provided for terms and conditions that were not less favourable than the applicable award or safety net award, and whether it included necessary terms such as minimum rates of pay, penalty rates, and provisions for overtime. Additionally, the Commission assessed whether the agreement promoted simplification and certainty in the industrial relations system and if it was likely to contribute to improved productivity, economic performance, and fairness in the workplace.

The Fair Work Commission found that the agreement was comprehensive and met all the statutory requirements. It included provisions for minimum wages, penalty rates, and other conditions that were not less favourable than the applicable award. The Commission also concluded that the agreement was likely to contribute to improved productivity, economic performance, and fairness in the workplace. After evaluating the "better off overall test," the Commission determined that the agreement would not place employees who were party to the agreement worse off than they would be under the applicable award or safety net award. Consequently, the Commission approved the enterprise agreement under section 175 of the Fair Work Act.

The Fair Work Commission approved the Christian Homes Tasmania Ltd Enterprise Agreement 2024, determining it met all legal requirements and was in the interests of industrial fairness. The agreement was found to be comprehensive, promoting simplification and certainty in the industrial relations system while ensuring employees were not disadvantaged. The Commission's approval was based on the agreement's compliance with the Fair Work Act and its potential to enhance workplace productivity and fairness.

Christian Homes Tasmania Ltd T/A Christian Homes Tasmania

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established