RSL Care RDNS Limited Trading AS Bolton Clarke

[2025] FWCA 3178

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

RSL Care RDNS Limited Trading AS Bolton Clarke

(AG2025/2810)

BOLTON CLARKE (QUEENSLAND) ENTERPRISE AGREEMENT 2025

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 19 SEPTEMBER 2025

Application for approval of the Bolton Clarke (Queensland) Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Bolton Clarke (Queensland) Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RSL Care RDSN Limited Trading as Bolton Care (the Applicant). The Agreement is a single enterprise agreement

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Australian Nursing and Midwifery Federation (ANMF), United Workers Union (UWU), Health Services Union (HSU) and Australian Workers Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ANMF, UWU, HSU and AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were RSL Care RDNS Limited trading as Bolton Clarke, the applicant, and the Fair Work Commission. The applicant sought approval for the Bolton Clarke (Queensland) Enterprise Agreement 2025. This case was heard in the Federal Circuit Court of Australia. The legal issues that the court had to resolve were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions for the employees.

The court examined the application and the proposed agreement, focusing on various aspects, including the agreement's compliance with the Fair Work Act and its fairness to the employees. The court also considered the submissions made by both parties and any relevant evidence or arguments presented during the hearing. The court's decision was based on the legal principles and provisions outlined in the Fair Work Act 2009.

The Federal Circuit Court of Australia found that the proposed enterprise agreement met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions for the employees. The court approved the Bolton Clarke (Queensland) Enterprise Agreement 2025, acknowledging the efforts of both parties in reaching a fair and reasonable agreement. The court's decision was made in accordance with the provisions of the Fair Work Act 2009, ensuring that the agreement would not be detrimental to the employees or the applicant.

The final orders of the court were to approve the Bolton Clarke (Queensland) Enterprise Agreement 2025, effective from the date of the court's decision. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with the terms and conditions outlined in the approved agreement. This decision provided certainty and stability for both the employees and the applicant, ensuring that the agreement would be in effect for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established