Latrobe Valley Village Inc. Trading AS Latrobe Valley Village

Case •

[2025] FWCA 2779

•

20 AUGUST 2025
[2025] FWCA 2779

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Latrobe Valley Village Inc. Trading AS Latrobe Valley Village

(AG2025/2561)

LATROBE VALLEY VILLAGE ENTERPRISE AGREEMENT 2024

Aged care industry

COMMISSIONER TRAN

MELBOURNE, 20 AUGUST 2025

Application for approval of the Latrobe Valley Village Enterprise Agreement 2024

  1. Latrobe Valley Village (ABN: 38 645 298 359) has applied for approval of an enterprise agreement known as the Latrobe Valley Village Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009 (Cth).

  1. The Agreement is a single enterprise agreement.

  1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

    ·   Clause 36.2 – regarding withholding monies at termination

    ·   Clause 57 – regarding long service leave

  1. Clause 6.1 of the Agreement gives precedence to the NES. I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Employer 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. The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the unions.

  1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 August 2025.

  1. In accordance with clause 7, the nominal expiry date of the Agreement is 30 June 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE530129  PR790878>

ANNEXURE A

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