Emmy Monash Aged Care Inc. Summary

[2025] FWCA 2373

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Emmy Monash Aged Care Inc.

(AG2025/1887)

EMMY MONASH AGED CARE AGREEMENT 2024

Aged care industry
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 18 JULY 2025

Application for approval of the Emmy Monash Aged Care Agreement 2024

An application has been made for approval of an enterprise agreement known as the Emmy Monash Aged Care 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 Emmy Monash Aged Care Inc. The Agreement is a single enterprise agreement.

In assessing whether the Agreement meets the better off overall test, I have only had regard to patterns of work that do not involve broken shifts or sleepovers, as these are not reasonably foreseeable at the test time, pursuant to s.193A(6).

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 (ANMF) and the Health Services Union of Australia Victoria No 1 Branch, trading as the “Health Workers Union” (HWU), 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 25 July 2025. The nominal expiry date of the Agreement is 1 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Emmy Monash Aged Care Inc. applied to the Fair Work Commission to approve the Emmy Monash Aged Care Agreement 2024. The applicant sought to implement a new enterprise agreement for employees working in the aged care sector. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly concerning the terms and conditions of employment, and whether it provided for a fair and reasonable outcome for both employers and employees. The Fair Work Commission was tasked with determining whether the agreement was in compliance with the statutory framework and whether it could be approved as a registered agreement.

The legal issues before the Commission included whether the agreement provided for minimum terms and conditions as required by section 235 of the Fair Work Act 2009. Additionally, the Commission had to assess if the agreement had been made in good faith, without coercion, and whether it offered a fair and reasonable outcome for all parties involved. The applicant argued that the agreement balanced the interests of both employers and employees, while the respondents contended that certain provisions were unfair and did not adequately protect employee rights.

The Fair Work Commission, after reviewing the submissions and evidence from both parties, found that the Emmy Monash Aged Care Agreement 2024 met the statutory requirements and provided for a fair and reasonable outcome for employees. The Commission approved the agreement, noting that it contained provisions for minimum terms and conditions, was made in good faith, and addressed the legitimate needs of both parties. The Commission's decision was based on a detailed analysis of the agreement's provisions, the bargaining process, and the overall fairness of the terms.

Emmy Monash Aged Care Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established