Comficare Pty Ltd Trading as Villa Del Sole

[2025] FWCA 1700

[2025] FWCA 1700

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Comficare Pty Ltd Trading as Villa Del Sole

(AG2025/858)

COMFICARE PTY LTD (TRADING AS VILLA DEL SOLE), ANMF AND HSU ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER ALLISON	MELBOURNE, 26 MAY 2025

Application for approval of the Comficare Pty Ltd (trading as Villa del Sole), ANMF and HSU Enterprise Agreement 2024

1. Comficare Pty Ltd Trading as Villa Del Sole (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Comficare Pty Ltd (trading as Villa del Sole), ANMF and HSU Enterprise Agreement 2024 (the Agreement).

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

1. The Health Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The pay rate for an enrolled nurse, pay point 4, at Annexure A of the Agreement, contained a typographical error. The Employer provided an updated copy of the Agreement correcting the pay rate to address this concern. I am satisfied the above was an obvious error, defect, or irregularity, and I will amend the Agreement accordingly pursuant to s.218A of the Act.

1. The Agreement does not specify a day worker’s ordinary span of hours. The Employer provided an undertaking that the span of hours for a day worker will be 6:30am to 6:00pm, to resolve this concern.

1. The shift triggers for shift penalties provided at Clause 49 of the Agreement did not align with the shift triggers in the Aged Care Award 2020 (Aged Care Award) and the Nurses Award 2020 (Nurses Award). To resolve this concern the Employer provided an undertaking that employees would not be required to work a night shift of more than 9 hours and Registered Nurses who work more than 9 hours will receive no less than the amount they would under the Nurses Award.

1. Clause 47.1 of the Agreement, relating to penalty rates, provided some less beneficial penalties rates than the Nurses Award 2020. The Employer provided an undertaking increasing the penalty rates to resolve this concern.

1. The Employer provided further undertakings to address concerns relating to casual Sunday rates in clause 27.7(c) in relation to casual employees engaged in the following classifications: RN Grade 1, RN Grade 2 Year 1, EN Pay Point 3, and Director of Nursing Grade 7.  

1. The material filed with the Agreement indicated that Trainee Enrolled Nurses were to be mapped to an “Enrolled Nurse supervising other direct care employees” under the Award. The Employer provided an undertaking that Trainee Enrolled Nurses are to be mapped to Student Enrolled Nurses under the Award and that trainee Enrolled Nurses would not be required to exercise any supervisory responsibilities as a trainee or student.

1. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

1. Subject to the undertakings referred to above, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2025. The nominal expiry date of the Agreement is 30 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A