| [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
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
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
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
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.
In accordance with s.201(2), I note that the Agreement covers the ANMF.
Approval
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
<AE527572 PR783214>
- AGLC
- Jallarah Homes Incorporated [2025] FWCA 108
- Case
- [2025] FWCA 108
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission revolved around whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. These included ensuring the agreement provided for minimum entitlements, avoided undermining the operation of the safety net, and was free from any provisions that were contrary to public policy. The focus was on scrutinising the proposed terms to ensure they complied with the legislative framework governing enterprise agreements in Australia.
The Commission examined the proposed agreement clause by clause, assessing whether it adhered to the legislative standards. It was found that the agreement, while largely compliant, contained certain provisions that needed modification to meet the safety net requirements. After negotiations and amendments, the Commission concluded that the modified agreement met all necessary criteria and approved it. The decision ensured that the nursing staff's terms and conditions were fairly negotiated and legally sound, protecting both the employees' rights and the employer's operational needs.
The Fair Work Commission approved the amended Jallarah Homes INC Nursing Employees (Aged Care) & AMNF Enterprise Agreement 2023, with specific modifications to ensure compliance with the Fair Work Act 2009. The approval allows the agreement to take effect, formalising the terms and conditions for the nursing staff employed by Jallarah Homes Incorporated.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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