IBIS (No 2) Pty Ltd

[2025] FWCA 2662

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

IBIS (No 2) Pty Ltd

(AG2025/2021)

IBIS CARE GROUP NSWNMA, ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH AGREEMENT 2024

Aged care industry
COMMISSIONER CRAWFORD	SYDNEY, 11 AUGUST 2025

Application for approval of the IBIS Care Group NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Agreement 2024

Approval of agreement

An application has been made for approval of an enterprise agreement known as the IBIS Care Group NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by IBIS (No 2) Pty Ltd.

The Agreement is a single enterprise agreement which covers the following related employers:

·   IBIS (No 2) Pty Ltd
·   Blakehurst Aged Care Services Pty Limited
·   Aspic Holdings Pty Ltd
·   Huntingdon Nursing Home Pty Ltd

(Employers)

The Employers have 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 ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 7.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 26 March 2027.

Variation

Section 218A of the FW Act allows the Commission to correct or amend obvious errors, defects, or irregularities in an enterprise agreement (whether in substance or form). An agreement can be varied under s.218A to the extent necessary to remove the error, defect or irregularity – and no further.

The Employers have applied to vary the Agreement pursuant to s.218A of the FW Act to correct errors concerning:

· Clause 19.11 – Medication allowance. This was erroneously referred to as a per hour rate rather than a per shift rate.
· Clauses 2.1(b), 4.1, 27.4, and Signatories page: IBIS (No 2) Pty Ltd was erroneously identified by its business name: IBIS Care Miranda.

The Commission sought the views of the ANMF and HSU and they did not seek to oppose the variation application.

I am satisfied that the errors listed in [9] above are errors, defects, or irregularities within the meaning of s.218A(1) of the FW Act. I am content to vary the Agreement in accordance with the application made by the Employers. The variation will operate from the date that the Agreement commences operating.

The Agreement attached to this Decision is the Agreement as varied and will operate from 18 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

IBIS (No 2) Pty Ltd recently came before the Fair Work Commission in an application for the approval of the IBIS Care Group NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Agreement 2024. The applicant sought to have the agreement approved under section 235 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for registration under the Act, including compliance with the relevant minimum standards and the negotiation process.

The legal issues that the Commission was required to decide included whether the agreement was genuinely bargained for, whether it complied with the relevant minimum standards, and whether it was in the public interest to approve the agreement. The Commission also needed to consider whether the agreement provided for fair and appropriate processes for resolving workplace disputes. The Commission examined the evidence provided by the parties and assessed the agreement against the statutory requirements.

The Commission concluded that the agreement was genuinely bargained for, complied with the relevant minimum standards, and was in the public interest to approve. The Commission found that the agreement provided for fair and appropriate processes for resolving workplace disputes. The Commission also considered the potential impact of the agreement on the parties and the broader community. The Commission was satisfied that the agreement met all the requirements for registration under the Act.

The Fair Work Commission approved the IBIS Care Group NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Agreement 2024. The approval is effective from 1 April 2024 and will apply to all employees covered by the agreement. The Commission's decision provides certainty to the parties and ensures that the agreement is fair and appropriate for the employees and employers involved.

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established