Integratedliving Australia Limited

[2025] FWCA 1799

[2025] FWCA 1799

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Integratedliving Australia Limited

(AG2025/1500)

INTEGRATEDLIVING AUSTRALIA PTY LTD– FAMILY BASED CARE TRANSITIONED WORKER ENTERPRISE AGREEMENT 2025

Aged Care Industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 28 MAY 2025

Application for approval of the integratedliving Australia Pty Ltd – Family Based Care Transitioned Worker Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the integratedliving Australia Pty Ltd– Family Based Care Transitioned Worker Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Integratedliving Australia Limited. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. Integratedliving Australia Limited and the Health Services Union (HSU) have both expressed a view that the Agreement passes the better off overall test. I have given primary consideration to this common view in accordance with s.193A(4) of the Act.

1. The HSU being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 21.1 – Prescribed Public Holidays

·           Clause 21.2 – Substitution of Public Holidays by Agreement

·           Clause 22.3(b) – Notice of Termination by the Employee

However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The agreement title in the Notice of Representational Rights (NERR) distributed to employees is slightly different to the agreement title in clause 1 of the Agreement. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical departure from the NERR requirements under s.174 of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.

1. The Agreement lodged contained errors where some clauses erroneously cross-referenced incorrect clauses. On 28 May 2025, the Employer filed an amended page of the Agreement. Pursuant to s.586 of the Act, I am satisfied that the corrections should be made and that it is appropriate to do so.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2025. The nominal expiry date of the Agreement is 28 May 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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