| [2025] FWCA 2083 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
St Catherine’s Wangaratta Inc.
(AG2025/1812)
ST CATHERINE’S WANGARATTA INC. ANMF AND HWU ENTERPRISE AGREEMENT 2025-2029
| Aged care industry | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 25 JUNE 2025 |
Application for approval of the St Catherine’s Wangaratta Inc., ANMF and HWU Enterprise Agreement 2025 - 2029
An application has been made for approval of an enterprise agreement known as the St Catherine’s Wangaratta Inc., ANMF and HWU Enterprise Agreement 2025-2029 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by St Catherine’s Wangaratta Inc. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Health Services Union of Australia Victoria No 1 Branch (HWU) and the Australian Nursing and Midwifery Federation (ANMF), being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations. The HWU and the ANMF support approval of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from Wednesday, 2 July 2025. The nominal expiry date of the Agreement is 31 May 2029.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE529469 PR788565>
Annexure A
- AGLC
- St Catherine's Wangaratta Inc. [2025] FWCA 2083
- Case
- [2025] FWCA 2083
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The court had to assess the agreement against several criteria, including whether it provided for the fair and reasonable terms of employment, and if it complied with the 'better off overall test', which requires that the agreement be no less favourable to the employees than the applicable award or safety net. The court also needed to consider if the agreement had been genuinely negotiated and if the process of negotiation was in accordance with the provisions of the Act.
The Fair Work Commission found that the enterprise agreement met all the statutory requirements for approval. The agreement provided for fair and reasonable terms of employment, and it was demonstrated that employees would be better off overall under the agreement than the applicable award. The court was satisfied that the negotiation process had been genuine and that the agreement was in line with the provisions of the Fair Work Act 2009. The agreement was therefore approved by the Commission.
In summary, the Fair Work Commission approved the proposed enterprise agreement between St Catherine's Wangaratta Inc., ANMF, and HWU, finding it to be fair, reasonable, and genuinely negotiated. The agreement was compliant with the statutory requirements and met the 'better off overall test'.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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