Mandurah Retirement Village Inc T/A Coolibah Care

[2025] FWCA 2792

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mandurah Retirement Village Inc T/A Coolibah Care

(AG2025/2454)

COOLIBAH CARE ENTERPRISE AGREEMENT 2025

Aged care industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 20 AUGUST 2025

Application for approval of the Coolibah Care Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Coolibah Care Enterprise Agreement 2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Mandurah Retirement Village Inc T/A Coolibah Care (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

I observe that clause 17.7 is likely to be inconsistent with the National Employment Standards (NES), which appears to permit the Employer to withhold monies owing to the employee under the NES. However, noting clause 10.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers Union and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have each given 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 that the Agreement covers each organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 27 August 2025. The nominal expiry date of the Agreement is 31 July 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Coolibah Care Enterprise Agreement 2025 between Mandurah Retirement Village Inc, trading as Coolibah Care, and the Australian Nursing and Midwifery Federation. The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement met the necessary legislative criteria for approval. The dispute centred on specific provisions within the agreement concerning wages, conditions, and the overall fairness of the terms for the employees.

The court had to decide whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly focusing on the provisions regarding minimum wages and conditions, and whether the agreement was made in good faith and was free from any improper influences. The specific issues included the calculation of penalty rates, the classification of roles, and the procedural fairness in the negotiation process.

The Fair Work Commission found that the agreement was generally fair and balanced, taking into account the need to provide reasonable terms for both the employer and employees. The Commission noted that while some aspects of the agreement required minor adjustments to align with legislative standards, these could be rectified without undermining the overall fairness of the agreement. After considering all submissions and evidence, the Commission approved the enterprise agreement with certain modifications to ensure compliance with the Fair Work Act 2009.

The final orders of the Fair Work Commission included the approval of the Coolibah Care Enterprise Agreement 2025, subject to the modifications made to the penalty rate calculations and role classifications. These changes were designed to ensure that the agreement met all statutory requirements and provided a fair and equitable outcome for both parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established