Ryman Aged Care (Australia) Pty Ltd
[2025] FWCA 405
•11 FEBRUARY 2025
| [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.
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