Estia Investments Pty Ltd T/A Estia Health

[2025] FWCA 425

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Estia Investments Pty Ltd T/A Estia Health

(AG2024/4933)

ESTIA HEALTH QUEENSLAND ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER P RYAN	SYDNEY, 3 FEBRUARY 2025

Application for approval of the Estia Health Queensland Enterprise Agreement 2024

Estia Investments Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Estia Health Queensland Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Section 183 Bargaining Representative

The Australian Nursing and Midwifery Federation (ANMF), the Australian Workers’ Union (AWU), the Health Services Union (HSU), and the United Workers’ Union (UWU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

In accordance with s.201(2), I note that the Agreement covers the ANMF, the AWU, the HSU, and the UWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 10 February 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Estia Investments Pty Ltd, trading as Estia Health, applied for approval of the Estia Health Queensland Enterprise Agreement 2024. The application was made under the Fair Work Act 2009, and the dispute arose from the negotiation of terms and conditions of employment for workers within the Estia Health organisation in Queensland. The application was heard by a delegate of the Commission, who was tasked with determining whether the agreement met the necessary criteria for approval, including that it was free from prohibited content, provided for proper processes for dispute resolution, and met other statutory requirements.

The legal issues before the Commission were whether the agreement contained any terms that were contrary to the provisions of the Fair Work Act, whether it provided for adequate dispute resolution mechanisms, and whether it complied with the procedural requirements for making an enterprise agreement. The Commission also considered whether the agreement had been genuinely negotiated between the employer and the employees' representatives and whether it met the standards for a simple, fair, and efficient workplace.

The Commission found that the Estia Health Queensland Enterprise Agreement 2024 was free from prohibited content and adequately addressed the processes for dispute resolution. It was determined that the agreement had been genuinely negotiated and met the standards required by the Fair Work Act. The Commission noted the efforts made by the parties to reach an agreement that balanced the interests of both the employer and the employees. The Commission approved the application, finding that the agreement was in compliance with all relevant legislative requirements.

The final orders of the Commission were that the Estia Health Queensland Enterprise Agreement 2024 be approved, effective from the date of the decision. The agreement was to apply to all relevant employees within the Estia Health organisation in Queensland, and the terms and conditions set out in the agreement were to be binding on both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established