RSL Care RDNS Limited Trading AS Bolton Clarke Summary

[2025] FWCA 2486

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

RSL Care RDNS Limited Trading AS Bolton Clarke

(AG2025/2234)

BOLTON CLARKE (NEW SOUTH WALES) ENTERPRISE AGREEMENT 2025

Aged care industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 29 JULY 2025

Application for approval of the Bolton Clarke (New South Wales) Enterprise Agreement 2025

An application has been made by RSL Care RDNS Limited (Applicant) for approval of an enterprise agreement known as the Bolton Clarke (New South Wales) Enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the Agreement if the requirements in ss. 186 and 187 of the Act are met.

Sections 186(2)(d) requires the Commission to be satisfied the Agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A.

Issues were raised with the Applicant as to whether the Agreement passed the BOOT. In response, the Applicant has provided undertakings.

A copy of the undertakings is attached (Annexure A). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the Agreement were sought about the undertakings. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

Having regard to the undertakings and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

The Health Services Union (HSU) and Australian Nursing and Midwifery Federation (ANMF) were bargaining representatives for the Agreement and have given notice under s. 183 of the Act that they want the Agreement to cover them. In accordance with s. 201(2) of the Act, I note the Agreement covers the HSU and ANMF.

The Agreement was approved on 29 July 2025 and will operate from 12 August 2025 being 14 days following its approval as specified in Clause 1.2(a) of the Agreement and in accordance with s.54(1)(b) of the Act. The nominal expiry date of the Agreement is 12 August 2028

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved an application for approval of the Bolton Clarke (New South Wales) Enterprise Agreement 2025. The applicant, RSL Care RDNS Limited Trading as Bolton Clarke, sought approval of the agreement from the Fair Work Commission. The agreement was to apply to employees who are covered by the Community and Public Sector Award 2010. The nature of the dispute was over whether the proposed terms and conditions contained in the agreement were fair and reasonable for the employees.

The primary legal issue before the court was whether the proposed terms and conditions in the enterprise agreement were fair and reasonable. The court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment for the employees. The court also had to consider whether the agreement provided for a fair and efficient workplace and whether it facilitated the efficient operation of the organisation.

The court found that the proposed terms and conditions in the enterprise agreement were fair and reasonable. The court noted that the agreement provided for a fair and efficient workplace and facilitated the efficient operation of the organisation. The court also found that the agreement provided for appropriate mechanisms for the resolution of workplace disputes and that it provided for the fair treatment of employees. The court approved the application for approval of the Bolton Clarke (New South Wales) Enterprise Agreement 2025.

RSL Care RDNS Limited Trading AS Bolton Clarke

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established