The Community of Cypriots of the Northern Suburbs of Melbourne

[2025] FWCA 3344

[2025] FWCA 3344

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

The Community of Cypriots of the Northern Suburbs of Melbourne

(AG2025/3259)

COMMUNITY OF CYPRIOTS OF THE NORTHERN SUBURBS OF MELBOURNE INC., ANF AND HWU ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER REDFORD	MELBOURNE, 7 OCTOBER 2025

Application for approval of the Community of Cypriots of the Northern Suburbs of Melbourne Inc. ANMF And HWU Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Community of Cypriots of the Northern Suburbs of Melbourne Inc., ANMF And HWU Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Community of Cypriots of the Northern Suburbs of Melbourne (CYPACS). The Agreement is a single enterprise agreement.

NERR

1. The Notice of Employee Representational Rights (NERR) distributed by CYPACS was not in the prescribed form, as the pre-reform version has been used. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5) of the Act. Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

Undertakings

1. In response to several issues raised with CYPACS in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A.

1. One of the undertakings has the effect of meaning the pay rates expressed in the Agreement attaching to the following classifications are to be adjusted to align with the relevant rate set out in the Nurses Award 2020 or the Aged Care Award 2010 (as is relevant):

1. Registered Nurse Level 7
2. Enrolled Nurse – Trainee
3. Enrolled Nurse - Pay Point 1
4. Aged Care employees, wage skill Group 4, years 1 to 3
5. Aged Care employees, wage skill Group 9 years 1 and 2
6. Aged Care employees – Level 1 Introductory classification

1. The views of the bargaining representatives were sought in relation to the undertakings, and the Australian Nursing and Midwifery Federation (ANMF) and the Health Workers Union (HWU), each of whom were bargaining representatives for the Agreement, both confirm they had no objections to the undertakings proffered. 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. 

Interaction with the National Employment Standards

Clause 6.1 of the Agreement will be read and interpreted in conjunction with the National Employment Standards (NES) and there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:   

a.Clause 54.1(b) - Annual leave – Enrolled Nurses

b.Clause 54.2 - Annual leave – additional week for shiftworkers

c.Clause 56 - Compassionate leave

Consideration

1. 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.

1. The HWU and the ANMF 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) I note that the Agreement covers the HWU and ANMF.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE530671  PR792388>

ANNEXURE A