Nazareth Care T/A Nazareth Care Summary

[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

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.

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

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.

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nazareth Care, an employer, applied to the Fair Work Commission for approval of the Nazareth Care Victoria Enterprise Agreement 2023. The application arose from negotiations between Nazareth Care and various unions representing employees in Victoria. The unions included the Health Services Union (HSU), the National Tertiary Education Union (NTEU), and the Australian Nursing and Midwifery Federation (ANMF). The primary focus of the application was to ensure the agreement met the legal standards set by the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement contained all the necessary provisions as per the Fair Work Act, and whether it met the "better off overall test" (BOOT) for employees. The Commission had to determine if the agreement provided for fair wages and conditions, including minimum rates of pay, penalty rates, leave provisions, and other employment terms. It was also necessary to assess whether the agreement provided a fair and reasonable outcome for both parties, ensuring that employees were not worse off financially under the new agreement.

The Fair Work Commission found that the Nazareth Care Victoria Enterprise Agreement 2023 was compliant with the requirements of the Fair Work Act. The agreement included all the necessary provisions, and it satisfied the BOOT, ensuring that employees would be better off overall. The Commission noted that the agreement provided for fair wages, conditions, and included provisions for various leave entitlements and penalty rates. The Commission also considered the submissions from both Nazareth Care and the unions, concluding that the agreement represented a fair and reasonable outcome for all parties involved. As a result, the Fair Work Commission approved the agreement.

The final orders of the Commission were that the Nazareth Care Victoria Enterprise Agreement 2023 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's decision and would remain in force until it was terminated or superseded by a new agreement. This decision provided certainty for both Nazareth Care and its employees in Victoria, ensuring that the agreement was legally binding and enforceable.

Nazareth Care T/A Nazareth Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established