Elderly Chinese Home Inc.
[2025] FWCA 828
•6 MARCH 2025
| [2025] FWCA 828 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Elderly Chinese Home Inc.
(AG2024/5295)
ELDERLY CHINESE HOME INC., ANMF AND HWU ENTERPRISE AGREEMENT 2024
| Health and welfare services | |
| COMMISSIONER CONNOLLY | MELBOURNE, 6 MARCH 2025 |
Application for approval of the Elderly Chinese Home Inc., ANMF and HWU Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Elderly Chinese Home Inc., ANMF and HWU Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Elderly Chinese Home Inc. (the Applicant). The Agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 29 January 2025.
The notification time for the Agreement under s.173(2) was 22 July 2024 and the Agreement was made on 18 December 2024. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]
On 6 February 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.
The Applicant has provided written undertakings, dated 27 February 2025, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) did not express any view on the undertaking.
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, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.
The “Australian Nursing and Midwifery Federation” and “Health Services Union” being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.
I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act 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 7 days after the date of approval of the Agreement. The nominal expiry date is 1 May 2028.
COMMISSIONER
ANNEXURE A
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
Printed by authority of the Commonwealth Government Printer
<AE528265 PR784991>
0
0
0