| [2025] FWCA 2426 |
| FAIR WORK COMMISSION |
| CORRECTION TO DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Mercy Aged And Community Care Ltd And Rice Village Ltd Trading AS Mercy Health
(AG2025/2066)
MERCY HEALTH AGED CARE VICTORIA, ANMF AND HWU ENTERPRISE AGREEMENT 2024
| Aged care industry | |
| COMMISSIONER TRAN | MELBOURNE, 24 JULY 2025 |
Application for approval of the Mercy Health Aged Care Victoria, ANMF and HWU Enterprise Agreement 2024 - correction to decision - paragraph [11].
The decision issued by the Fair Work Commission on 23 July 2025 [[2025] FWCA 2426, AE529792] is corrected as follows:
The nominal expiry date at Paragraph [11] is amended to 30 June 2028.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE529792 PR789984>
- AGLC
- Mercy Aged And Community Care Ltd And Rice Village Ltd Trading AS Mercy Health [2025] FWCA 2426
- Case
- [2025] FWCA 2426
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the Mercy Health Aged Care Victoria, ANMF and HWU Enterprise Agreement 2024 complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of its procedural fairness and the protection of employee interests. The Commission needed to consider if the agreement was genuinely negotiated and if it provided adequate protections for employees, including provisions related to wages, hours of work, and other employment conditions.
Upon reviewing the application and the supporting documentation, the Commission determined that the agreement substantially complied with the statutory requirements for approval. The Commission noted that the agreement had been negotiated in good faith and that it provided fair and reasonable terms for the employees. However, the Commission identified an error in the nominal expiry date of the agreement, which was mistakenly stated as 30 June 2027 instead of the correct date of 30 June 2028. This discrepancy was corrected in the revised decision.
The final orders of the Commission approved the Mercy Health Aged Care Victoria, ANMF and HWU Enterprise Agreement 2024, with the amendment to the nominal expiry date to 30 June 2028. The agreement was deemed to be fair and reasonable, and it was approved for implementation under the Fair Work Act 2009. This correction ensures that the agreement accurately reflects the intended terms and conditions for the employees involved.
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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