Estia Investments Pty Ltd Trading AS Estia Health

[2025] FWCA 2560

[2025] FWCA 2560

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Estia Investments Pty Ltd Trading AS Estia Health

(AG2025/2452)

ESTIA HEALTH VICTORIA ENTERPRISE AGREEMENT 2025

Aged care industry
COMMISSIONER REDFORD	MELBOURNE, 18 AUGUST 2025

Application for approval of the Estia Health Victoria Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Estia Health Victoria Enterprise 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 Estia Investments Pty Ltd Trading AS Estia Health (Estia). The Agreement is a single enterprise agreement.

Undertakings

1. In response to several issues raised with Estia in relation to its application, it has provided written undertakings, a copy of which are 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. 

1. The undertakings relate to:  

a.Pay rates in relation to:

a.Food Services Assistant

b.Cook Grade 1

c.Maintenance / Gardening Services Officers Grade 1

d.Housekeeping Services Officer

b.Paid overtime for mandatory training

Interaction with the National Employment Standards

1. Clause 5.1 of the Agreement provides that the National Employment Standards (NES) apply to employees covered by the agreement to the extent that any such term is more beneficial than any provided for in the agreement (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:   

a.Clauses 52 - Long service leave

b.Clause 67.2 - Withholding monies at termination

Consideration

1. 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.

1. The Health Services Union (HSU) and the Australian Nursing and Midwifery Federation (ANMF) being bargaining representatives 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 HSU and ANMF.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

Variation of the agreement

1. An application was made by Estia that, if the agreement was approved, it be varied pursuant to s 218A of the Act, to correct two obvious errors, defects or irregularities (the variation application). 

1. Section 218A of the Act is akin to the slip rule found in s 602 of the Act, which allows the Commission to correct or amend an obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the Commission. The evident purpose of s 218A is to remove complexity associated with varying enterprise agreements containing obvious errors, defects or irregularities by simplifying the process by which corrections may be made.

1. Estia submits that the amendment seeks to address errors obviously arising from the formatting of the Agreement. The views of the bargaining representatives were sought. ANMF confirmed that it did not object to the amendment sought, and agreed it arises from an oversight and obvious error. No response was received from HSU. I am satisfied that these are obvious errors. I am satisfied that the amendment should be made, and that it is appropriate to do so by varying the Agreement pursuant to s 218A of the Act.

1. The variations are as follows: 

1. Clause 38.6 is varied read as follows:

·     The laundry allowance is not payable during absences on paid or unpaid leave. 

1. The variation will come into effect on the same day as the agreement commences operation. 

COMMISSIONER

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ANNEXURE A