Emmerton Park Incorporated Summary

[2025] FWCA 3270

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Emmerton Park Incorporated

(AG2025/3129)

EMMERTON PARK INCORPORATED STAFF AGREEMENT 2025

Aged care industry
DEPUTY PRESIDENT DEAN	CANBERRA, 26 SEPTEMBER 2025

Application for approval of the Emmerton Park Incorporated Staff Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Emmerton Park Incorporated Staff Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Emmerton Park Incorporated (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. 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 Australian Nursing and Midwifery Federation and the 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) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Emmerton Park Incorporated sought approval for its Staff Agreement 2025, which was to govern employment terms for its staff. The application was heard by the Fair Work Commission (FWC), the body responsible for resolving workplace disputes and ensuring fair workplace practices in Australia. The primary dispute centred around the fairness and reasonableness of the proposed staff agreement, including provisions regarding wages, working conditions, and other employment terms.

The central legal issue before the FWC was whether the Staff Agreement 2025 was fair and reasonable under the Fair Work Act 2009. This required the FWC to assess whether the agreement complied with the Act’s provisions, particularly regarding the fairness of terms and conditions. The FWC had to consider if the proposed agreement provided for a fair and reasonable balance between the interests of the employer and the employees, ensuring that it met the standards set out in the Act.

In its decision, the FWC examined the Staff Agreement 2025 in detail, taking into account the submissions from Emmerton Park Incorporated and any other relevant stakeholders. The FWC considered various factors, including the nature of the work, the level of remuneration, and the overall fairness of the agreement's terms. After thorough analysis, the FWC determined that the Staff Agreement 2025 was fair and reasonable, meeting all the statutory requirements. Consequently, the FWC approved the agreement, allowing it to be implemented as intended.

The FWC's decision concluded with an order approving the Staff Agreement 2025 for Emmerton Park Incorporated. The approval was subject to the terms and conditions set out in the agreement, ensuring that both the employer and employees were bound by the legally enforceable provisions. This decision provided clarity and certainty regarding the employment terms, allowing the organisation to operate within the legal framework established by the Fair Work Act.

Emmerton Park Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established