Oxha Health Pty Ltd ATF the trustee of Oxha Health Trust Trading AS Oxa Care

[2025] FWCA 2126

[2025] FWCA 2126

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Oxha Health Pty Ltd ATF the trustee of Oxha Health Trust Trading AS Oxa Care

(AG2025/1860)

OXA CARE, ANMF AND HWU ENTERPRISE AGREEMENT 2024-2028

Aged care industry
COMMISSIONER REDFORD	MELBOURNE, 27 JUNE 2025

Application for approval of the Oxa Care, ANMF and HWU Enterprise Agreement 2024-2028

1. An application has been made for approval of an enterprise agreement known as the Oxa Care, ANMF and HWU Enterprise Agreement 2024-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Oxha Health Pty Ltd ATF the trustee of Oxha Health Trust Trading AS Oxa Care (Oxa Care). The Agreement is a single enterprise agreement.

Undertakings

1. In response to several issues raised with Oxa Care in relation to its application, it has provided written undertakings, a copy of which are 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. The undertakings relate to:  

a.Employment of persons in introductory and Level 1 and 2 classifications.

b.The incorporation by reference of the relevant Awards into the Agreement.

c.A correction to clause 40(b) of the Agreement, such that the reference to
“48 hours” should read “38 hours”.

Interaction with the National Employment Standards

1. The Agreement provides that where it also has provisions regarding matters dealt with under the National Employment Standards (NES) and the provisions in the NES are more favourable to an employee in a particular respect than those provisions, then the NES will prevail in that respect and the provisions dealing with that matter in the Agreement will have no effect (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement.

1. Clause 49(e) of the Agreement provides that an employee must, where practicable, give the Employer notice prior to the absence of the intention to take leave. It is an expectation of the Employer that the Employee gives notice of their absence of at least 4 hours before the time they are rostered to commence duty on the day of the absence. If it is not practicable for the Employee to give prior notice of absence of at least 4 hours, the Employee must notify the Employer by telephone of such absence To the extent this requires a more onerous provision of notice than is required by the NES, I note that as a result of the NES precedence clause, the provisions of the NES will prevail – particular in relation to, for example, s 107(2)(a) of the Act, which provides that notice may be given after the leave has commenced.

Consideration

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HWU) being bargaining representatives 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 ANMF & HWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

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ANNEXURE A