Jilly-Anne Strother Trading as Jallarah Homes Inc

[2025] FWCA 3150

[2025] FWCA 3150

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Jilly-Anne Strother Trading as Jallarah Homes Inc

(AG2025/2686)

JALLARAH HOMES INC AGED CARE SECTOR EMPLOYEES ENTERPRISE AGREEMENT 2025

Aged care industry
COMMISSIONER THORNTON	ADELAIDE, 19 SEPTEMBER 2025

Application for approval of the Jallarah Homes Inc Aged Care Sector Employees Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Jallarah Homes Inc Aged Care Sector Employees 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 Jilly-Anne Strother trading as Jallarah Homes Inc (the Applicant). The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) provided to the employees was not in the prescribed form. The Applicant submits that it was available to employees in a prescribed form on a notice board and a non-prescribed form by email, the latter of which was submitted as part of the application. To the extent it is necessary, I am satisfied that the Agreement would have been genuinely agreed to but for the slight departure from the NERR requirements in s.174(1)(A)(c) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act and exercise the discretion conferred by s.188(5) of the Act to disregard the minor technical error.

1. The Applicant has 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 ss186, 187 and 188 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 2.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail if there is an inconsistency between the Agreement and the NES.

1. The Agreement does not contain a Delegates’ Rights Term, as required by s 205A(1) of the Act. Under s.205A(2), the Workplace Delegates’ Rights term in Clause 7A of the Aged Care Award is taken to be a term of the Agreement.

1. The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 26 September 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

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