IBIS (No 2) Pty Ltd

[2025] FWCA 2662

[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

1. 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.

1. 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)

1. 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.

1. 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.

1. 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.

1. 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.

1. 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

1. 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.

1. 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.

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

1. 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.

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

COMMISSIONER

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