Indochinese Elderly Refugees Association Victoria Inc.

Case •

[2025] FWCA 290

•

23 JANUARY 2025
[2025] FWCA 290

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Indochinese Elderly Refugees Association Victoria Inc.

(AG2024/4533)

INDOCHINESE ELDERLY REFUGEES ASSOCIATION VICTORIA INC. AGED CARE AND HOME CARE ENTERPRISE AGREEMENT 2024

Aged care industry

COMMISSIONER PERICA

MELBOURNE, 23 JANUARY 2025

Application for approval of the IndoChinese Elderly Refugees Association Victoria Inc. Aged Care and Home Care Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the IndoChinese Elderly Refugees Association Victoria Inc. Aged Care and Home Care Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

  1. Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

  1. The Australian Nursing and Midwifery Federation and the Health Services Union of Australia being bargaining representatives for the Agreement have given notice under section 183 of the Act that they want the Agreement to cover them. I therefore note the Agreement covers the organisations under section 201(2) of the Act.

  1. The Agreement is approved today 23 January 2025. It will operate from 30 January 2025 as required by section 54 of the Act. The nominal expiry date is 1 November 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE527750  PR783642>

Annexure A

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