Holloway Aged Care Services Incorporated

[2025] FWCA 776

[2025] FWCA 776

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Holloway Aged Care Services Incorporated

(AG2025/17)

HOLLOWAY AGED CARE SERVICES INC. ANMF AND HSU ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER TRAN	MELBOURNE, 28 FEBRUARY 2025

Application for approval of the Holloway Aged Care Services Inc. ANMF and HSU Enterprise Agreement 2024

1. Holloway Aged Care Services Incorporated has applied for approval of an enterprise agreement known as the Holloway Aged Care Services Inc. ANMF and HSU Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009.

1. The Agreement is a single enterprise agreement.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

   ·   Clause 37.2(b) – Withholding monies at termination

   ·   Clause 46.2 – Maximum weekly hours of work

1. I note clause 6.1 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Employer has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Health Services Union (HWU) and the Australian Nursing and Midwifery Federation (ANMF) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the unions.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 7 March 2025.

1. In accordance with clause 7 of the Agreement, the nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE528216  PR784855>

APPENDIX A