Jallarah Homes Incorporated

Case

[2025] FWCA 108

13 JANUARY 2025


[2025] FWCA 108

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jallarah Homes Incorporated

(AG2024/5009)

JALLARAH HOMES INC NURSING EMPLOYEES (AGED CARE) & AMNF ENTERPRISE AGREEMENT 2023

Aged care industry

DEPUTY PRESIDENT GRAYSON

SYDNEY, 13 JANUARY 2025

Application for approval of the Jallarah Homes INC Nursing Employees (Aged Care) & AMNF Enterprise Agreement 2023

Introduction

  1. Jallarah Homes Incorporated (the Employer) has made an application for approval of an enterprise agreement known as the Jallarah Homes INC Nursing Employees (Aged Care) & AMNF Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

  1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 20 July 2023 and the Agreement was made on 5 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Section 186, 187 and 188

  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.

Section 183 Bargaining Representatives

  1. The Australian Nursing and Midwifery Federation (ANMF) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

  1. In accordance with s.201(2), I note that the Agreement covers the ANMF.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2025. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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