Unitingcare Queensland Limited Trading AS Bluecare

[2025] FWCA 1857

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

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

Unitingcare Queensland Limited Trading AS Bluecare

(AG2025/433)

BLUECARE ADMINISTRATION EMPLOYEES ENTERPRISE AGREEMENT 2024

Aged care industry
DEPUTY PRESIDENT BUTLER	BRISBANE, 2 JUNE 2025

Application for approval of the BlueCare Administration Employees Enterprise Agreement 2024.

The decision issued by the Fair Work Commission on 2 June 2025 [2025] FWCA 1857, AE529247 PR787847] is corrected by substituting the following for paragraph [33]:

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 2 June 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Unitingcare Queensland Limited, trading as Bluecare, sought approval for the BlueCare Administration Employees Enterprise Agreement 2024 from the Fair Work Commission. The application was made under section 185 of the Fair Work Act 2009, which mandates the approval of a single-enterprise agreement if it meets certain criteria, including that it complies with the provisions of the Act and is not contrary to the public interest. The case before Deputy President Butler concerned whether the agreement met these criteria.

The primary legal issue the court had to address was whether the BlueCare Administration Employees Enterprise Agreement 2024 complied with the Fair Work Act and was suitable for approval. The court considered whether the agreement met the procedural and substantive requirements set out in the legislation. This included ensuring that the agreement was fairly negotiated and included provisions that were not detrimental to employees or the public interest.

Deputy President Butler examined the agreement thoroughly, assessing it against the statutory requirements and public interest considerations. The Deputy President found that the agreement met all necessary criteria for approval. Notably, the agreement provided fair terms and conditions for employees, and no public interest concerns were identified that would preclude its approval. Consequently, the Deputy President approved the agreement, setting its nominal expiry date as 2 June 2029.

The final orders of the Fair Work Commission, as corrected on 2 June 2025, were that the BlueCare Administration Employees Enterprise Agreement 2024 is approved and will operate in accordance with section 54 of the Fair Work Act. The agreement is set to expire on 2 June 2029, unless otherwise terminated or varied under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established