Comficare Pty Ltd Trading as Villa Del Sole Summary

[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

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

Annexure A

Comficare Pty Ltd, trading as Villa Del Sole, sought approval of the 2024 Enterprise Agreement between the employer, the Australian Nursing and Midwifery Federation, and the Health Services Union. The application was heard by the Fair Work Commission. The crux of the matter was whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for fair and efficient bargaining. The applicant argued that the agreement represented a genuine attempt to achieve an efficient workplace relationship, while no party opposed the application.

The Commission was required to determine if the agreement was made in good faith and if it provided for fair and efficient terms and conditions. Additionally, the Commission needed to assess whether the agreement met the requirements for a single-enterprise agreement and whether it complied with the provisions relating to minimum entitlements and other mandatory terms. The applicant had to demonstrate that the agreement was not detrimental to employees and that it was made without coercion or undue influence.

The Fair Work Commission found that the agreement was made in good faith, provided for fair and efficient terms and conditions, and did not contravene any mandatory provisions. The Commission was satisfied that the agreement represented a genuine attempt to achieve an efficient workplace relationship and was not detrimental to employees. Furthermore, the Commission determined that the agreement complied with the requirements for a single-enterprise agreement and met all necessary criteria under the Fair Work Act 2009. Therefore, the application was approved.

The Fair Work Commission approved the application for the Comficare Pty Ltd (trading as Villa Del Sole) ANMF and HSU Enterprise Agreement 2024. The Commission found that the agreement was made in good faith and met all statutory requirements. The Commission's decision was based on a thorough examination of the agreement and the evidence provided by the applicant. The approval of the agreement signifies a commitment to fair and efficient workplace relations and the protection of employees' rights.

Comficare Pty Ltd Trading as Villa Del Sole

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established