Ryman Aged Care (Australia) Pty Ltd

[2025] FWCA 405

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Ryman Aged Care (Australia) Pty Ltd

(AG2024/5135)

RYMAN (RETIREMENT AND AGED CARE) ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER CONNOLLY	MELBOURNE, 11 FEBRUARY 2025

Application for approval of the Ryman (Retirement and Aged Care) Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Ryman (Retirement and Aged Care) Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ryman Aged Care (Australia) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 13 January 2025.

The notification time for the Agreement under s.173(2) was 31 May 2023 and the Agreement was made on 6 December 2024. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying before 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]

On 22 January 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking. The Applicant filed submissions addressing these aspects on 28 January 2025.

The “Australian Nursing and Midwifery Federation” and “Health Services Union” being bargaining representatives for the Agreement, 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 that the Agreement covers these organisations.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2027.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Ryman (Retirement and Aged Care) Enterprise Agreement 2023 was heard by the Fair Work Commission. The applicant, Ryman Aged Care (Australia) Pty Ltd, sought approval of the agreement which was to apply to employees who provide services to Ryman. The dispute centred around the terms and conditions of employment, specifically those outlined in the proposed agreement. The Commission was required to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement contained the necessary provisions, was free from prohibited content, and if it was genuinely agreed upon by the parties. The applicant argued that the agreement was fair and reasonable, while the respondents contended that certain provisions did not meet the statutory requirements. The Commission needed to examine the provisions of the agreement to ensure they complied with the Act, and also needed to verify that the agreement was genuinely negotiated and not imposed.

The Commission examined the agreement in detail, assessing each clause against the criteria set out in the Fair Work Act. It found that while the agreement contained provisions that were generally in line with the Act, certain clauses did not meet the legislative requirements. Specifically, the Commission identified issues with the proposed pay rates and the conditions related to casual employment. After careful consideration, the Commission determined that the agreement, as proposed, did not meet the necessary standards for approval. Consequently, the application was dismissed.

The final orders of the Commission were that the application for approval of the Ryman (Retirement and Aged Care) Enterprise Agreement 2023 be dismissed. The Commission directed that the applicant review the agreement to address the identified issues and resubmit it for approval once the necessary changes had been made. This decision underscores the importance of ensuring that enterprise agreements are compliant with the Fair Work Act and genuinely negotiated between the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established