Royal Freemasons Limited

[2025] FWCA 39

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Royal Freemasons Limited

(AG2024/4644)

ROYAL FREEMASONS LTD, ANMF AND HWU HOME CARE ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 6 JANUARY 2025

Application for approval of the Royal Freemasons Ltd, ANMF and HWU Home Care Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Royal Freemasons Ltd, ANMF and HWU Home Care 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 Royal Freemasons Limited. The Agreement is a single enterprise 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 and 190 as are relevant to this application for approval have been met.

The Australian Nursing and Midwifery Federation 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 13 January 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

Royal Freemasons Limited, an employer, and the Australian Nursing and Midwifery Federation, together with the Health Workers' Union, applied to the Fair Work Commission for the approval of the Royal Freemasons Ltd, ANMF and HWU Home Care Enterprise Agreement 2023. The applicants sought to have the agreement registered to ensure it was legally binding and enforceable against all employees and employers covered by the agreement. The dispute centred around the terms and conditions of employment, particularly those related to wages, hours of work, and other employment-related matters.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable set of terms and conditions, whether it complied with the relevant legislative provisions, and whether it met the criteria for approval under the Fair Work Act 2009. The Commission had to consider whether the agreement contained all the mandatory terms prescribed by the Act, whether it was negotiated in good faith, and whether it provided for a proper balance between the interests of the employer and the employees.

The Commission found that the agreement provided for a fair and reasonable set of terms and conditions, which complied with the relevant legislative provisions. The Commission noted that the agreement contained all the mandatory terms prescribed by the Act, and that it was negotiated in good faith. The Commission also found that the agreement provided for a proper balance between the interests of the employer and the employees. The Commission approved the agreement, and it is now legally binding and enforceable against all employees and employers covered by the agreement.

The Commission made orders approving the Royal Freemasons Ltd, ANMF and HWU Home Care Enterprise Agreement 2023, and registered it with the Fair Work Commission. The orders also included provisions for the agreement to be published and made available to the public, and for any variations or terminations of the agreement to be subject to the provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established