Nazareth Care T/A Nazareth Care

[2025] FWCA 335

[2025] FWCA 335

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Nazareth Care T/A Nazareth Care

(AG2024/4550)

NAZARETH CARE VICTORIA ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER WILSON	MELBOURNE, 29 JANUARY 2025

Application for approval of the Nazareth Care Victoria Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Nazareth Care Victoria Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nazareth Care T/A Nazareth Care. The Agreement is a single enterprise agreement.

1. The notification time for the Agreement under s.173(2) was 2 March 2023 and the Agreement was made on 13 November 2024.

1. The Applicant made an application pursuant to s.586 of the Act for the Commission to amend the Agreement to remove a number of duplicate clauses included in error (clauses 72 to 76 inclusive). I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586. The duplicate clauses have been removed from the published Agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in 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.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Australian Nursing and Midwifery Federation (Victorian Branch), 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 organisation.

1. The Health Services Union of Australia Victoria No 1 Branch, trading as the Health Workers Union (HWU), 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 organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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<AE527793  PR783733>

Annexure A