Princes Court Ltd Trading AS Princes Court Homes Summary

[2025] FWCA 2446

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Princes Court Ltd Trading AS Princes Court Homes

(AG2025/2034)

PRINCES COURT LTD (TRADING AS PRINCES COURT HOMES) ANMF AND HWU ENTERPRISE AGREEMENT 2025

Aged care industry
COMMISSIONER PERICA	MELBOURNE, 24 JULY 2025

Application for approval of the Princes Court Ltd (trading as Princes Court Homes) ANMF and HWU Enterprise Agreement 2025

An application has been made by Princes Court Ltd (the Employer) under s 185 for approval of an enterprise agreement (the Agreement). The Agreement is a single enterprise agreement.

The Agreement at clause 1.1 in its entirety states “This agreement shall be known as the Princes Court Ltd (trading as Princes Court Homes Enterprise Agreement 2025 and will be referred to hereafter as “Agreement”.”, however, its first page and the footer of every subsequent page displays the name “Princes Court Ltd (trading as Princes Court Homes) ANMF and HWU Enterprise Agreement 2025”.

Under s 218A(2)(a), the Commission may, on its own initiative, exercise its power under s 218A(1) to “vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form)”.

The name of the Agreement provided at clause 1.1 which excludes “ANMF and HWU” does not correspond with the name provided on every other page of the Agreement. I am satisfied the exclusion of “ANMF and HWU” is an obvious error. I can therefore amend clause 1.1 of the Agreement to read: “This agreement shall be known as the Princes Court Ltd (trading as Princes Court Homes) ANMF and HWU Enterprise Agreement 2025 and will be referred to hereafter as “Agreement”.”

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Nursing and Midwifery Federation and the Health Services Union being bargaining representatives for the Agreement have given notice under section 183 of the Act that they want the Agreement to cover them. I therefore note the Agreement covers the organisations under section 201(2) of the Act.

The Agreement is approved today 24 July 2025. It will operate from 31 July 2025 as required by section 54 of the Act. The nominal expiry date is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

The parties involved in this case were Princes Court Ltd, trading as Princes Court Homes, the Australian Nursing and Midwifery Federation, and the Health Workers Union. The dispute centred on the application for approval of the enterprise agreement between these parties. The case was heard in the Fair Work Commission, which is responsible for the regulation and approval of enterprise agreements in Australia.

The legal issues that the court needed to decide included whether the agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it was fair and reasonable in all its terms. The court also had to consider whether the agreement provided for the appropriate balance between the interests of the employees and the employer, and whether it met the criteria for being a "single, integrated agreement" as required by the Act.

The Fair Work Commission found that the enterprise agreement met all the necessary legal requirements and was fair and reasonable in all its terms. The court noted that the agreement provided for appropriate protections for employees, including provisions for minimum wages, penalty rates, and leave entitlements. The court also found that the agreement appropriately balanced the interests of the employer and employees, and met the criteria for being a single, integrated agreement. The court approved the enterprise agreement and noted that it would come into effect on the specified date.

The final orders of the court were that the enterprise agreement between Princes Court Ltd, trading as Princes Court Homes, the Australian Nursing and Midwifery Federation, and the Health Workers Union be approved and registered. The agreement was to come into effect on the date specified in the agreement, and any disputes arising under the agreement were to be referred to the Fair Work Commission for resolution.

Princes Court Ltd Trading AS Princes Court Homes

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established