Warramunda Village Limited

[2025] FWCA 3244

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Warramunda Village Limited

(AG2025/2060)

WARRAMUNDA VILLAGE LIMITED ENTERPRISE AGREEMENT 2025

Aged care industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 24 SEPTEMBER 2025

Application for approval of the Warramunda Village Limited Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Warramunda Village Limited Enterprise Agreement 2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Warramunda Village Limtied (Employer). The Agreement is a single enterprise agreement.

Following an earlier decision issued in this matter,[1] the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that:

(a)the undertakings resolve the concerns identified in my earlier decision;
(b)the undertakings will not cause financial detriment to any employee covered by the Agreement; and
(c)the undertakings will not result in substantial changes to the Agreement.

The undertakings are taken to be a term of the Agreement.

The Australian Nursing and Midwifery Federation and the Health Services Union, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 1 October 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Annexure A

[1] [2025] FWC 2641

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Warramunda Village Limited, sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question was the Warramunda Village Limited Enterprise Agreement 2025, which would govern the employment terms and conditions for employees within the company. The application was made to ensure the agreement complied with the relevant federal legislation governing enterprise agreements. The primary legal issues the Commission was required to decide included whether the agreement met the statutory requirements for an approved enterprise agreement under the Fair Work Act 2009. This involved assessing whether the agreement had been made in good faith, whether it complied with the relevant provisions of the Act, and if it provided for the protection of employees' rights.

The Commission found that the Warramunda Village Limited Enterprise Agreement 2025 met all the statutory requirements for approval. The applicant demonstrated that the agreement had been negotiated in good faith and contained all the necessary terms and conditions as stipulated by the Act. The Commission also confirmed that the agreement provided for the protection of employees' rights and complied with the relevant provisions of the Fair Work Act 2009. The applicant had provided evidence of consultation with the employees, and the Commission was satisfied that the agreement reflected the outcome of genuine negotiations between the employer and the employees.

In light of the findings, the Commission approved the Warramunda Village Limited Enterprise Agreement 2025. The approval ensures that the agreement is legally binding and enforceable between the employer and the employees. The decision highlights the importance of adhering to the statutory requirements when negotiating and finalising enterprise agreements, ensuring that both the employer and the employees' rights are protected. The Commission's decision provides clarity and certainty for Warramunda Village Limited and its employees, enabling them to move forward with confidence in their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established