St Agnes’ Care & Lifestyle Summary

[2025] FWCA 2425

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St Agnes’ Care & Lifestyle

(AG2025/2016)

ST AGNES’ CARE AND LIFESTYLE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER CRAWFORD	SYDNEY, 23 JULY 2025

Application for approval of the St Agnes’ Care and Lifestyle, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the St Agnes’ Care and Lifestyle, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by St Agnes’ Care & Lifestyle (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 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, St Agnes' Care and Lifestyle, the NSW Nurses and Midwives Association (NSWNMA), and the Health Services Union NSW (HSU NSW), sought approval of their 2023 enterprise agreement from the Fair Work Commission. The agreement, which governs employment terms and conditions for staff at St Agnes' Care and Lifestyle, was contested by the applicants who argued it provided fair and reasonable terms for both employees and the organisation. The dispute was heard in the Fair Work Commission, a body established under the Fair Work Act 2009 to resolve workplace disputes and enforce workplace laws.

The primary legal issue before the Commission was whether the terms of the proposed agreement were fair and reasonable in all respects, as required by section 234 of the Fair Work Act. The Commission had to consider if the agreement provided for fair remuneration and conditions, including minimum wages, penalty rates, allowances, and other entitlements, and whether it allowed for the fair and efficient operation of St Agnes' Care and Lifestyle. Additionally, the Commission had to ensure the agreement met the needs of both employees and employers, taking into account the specific circumstances of the organisation and its workforce.

In assessing the fairness and reasonableness of the agreement, the Commission considered the nature of the services provided by St Agnes' Care and Lifestyle, the economic circumstances of the organisation, and the specific needs of the workforce. The Commission also evaluated the process by which the agreement was negotiated and the extent to which it was reflective of the needs and aspirations of both parties. Ultimately, the Commission found that the terms of the agreement were fair and reasonable, providing for adequate remuneration and conditions while also allowing for the efficient operation of the organisation. The Commission approved the agreement, noting that it balanced the interests of both employees and employers.

The Fair Work Commission approved the 2023 enterprise agreement between St Agnes' Care and Lifestyle, the NSW Nurses and Midwives Association, and the Health Services Union NSW. The Commission found the agreement to be fair and reasonable, providing for appropriate remuneration and conditions while enabling the efficient operation of St Agnes' Care and Lifestyle. The decision underscores the importance of negotiated agreements in achieving a balance between the needs of employees and employers in the aged care sector.

St Agnes’ Care & Lifestyle

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established