Holloway Aged Care Services Incorporated Summary

[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

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.

The Agreement is a single enterprise agreement.

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

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.

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.

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.

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.

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

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

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

The applicants, Holloway Aged Care Services Incorporated, sought the approval of an enterprise agreement between the Australian Nursing and Midwifery Federation and the Health Services Union. The Federal Court was tasked with determining whether the proposed agreement met the necessary criteria under the Fair Work Act 2009. The dispute centred on the procedural fairness and compliance of the agreement with statutory requirements, particularly those related to the bargaining process and the terms outlined in the agreement itself.

The court was required to examine several legal issues, including whether the agreement was genuinely bargained for and whether the bargaining process was conducted in good faith. Additionally, the court had to assess if the agreement covered all mandatory topics and whether it complied with the provisions of the Fair Work Act. The court also had to consider if the agreement was in the best interests of the employees, particularly in terms of their pay and conditions.

The court conducted a thorough examination of the evidence presented by both parties. It found that the agreement was genuinely negotiated and that the bargaining process was conducted in good faith. The agreement was also found to cover all mandatory topics and to comply with the Fair Work Act. The court concluded that the agreement was in the best interests of the employees, providing them with fair and reasonable terms. Therefore, the court approved the Holloway Aged Care Services Inc. ANMF and HSU Enterprise Agreement 2024.

The final orders of the court were to approve the enterprise agreement, allowing it to come into effect on the specified date. This decision ensured that the agreement would provide the employees with the agreed-upon terms and conditions of employment.

Holloway Aged Care Services Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established