Application for approval of the Aged Care Deloraine Inc. Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Aged Care Deloraine Inc. Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aged Care Deloraine Inc (the Applicant). The Agreement is a single enterprise agreement.

[2] 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.

[3] I observe that clause 11(b) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). Noting clause 12(l) of the Agreement, I am I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[4] There were two errors in the Notice of Employee Representational Rights (NERR) issued to employees. Firstly, it appears an old version of the form was used. Secondly, the title of the Agreement in the NERR was listed as "Aged Care Deloraine inc Enterprise Agreement 2019" (the title of the previous agreement) when the correct for this agreement is titled "Aged Care Deloraine Inc. Enterprise Agreement 2025." I consider that both of these issues are minor errors within the meaning of s.188(5) of the Act and would not affect whether the employees have genuinely agreed to the agreement.

[5] The access period and notice of the vote did not allow 7 full calendar days before the vote to approve the Agreement commenced. Six full days' notice was provided. The Applicant explained that the voting timeline was agreed by the employer and union bargaining representatives. Neither union has suggested that there was not a reasonable opportunity for employees to consider the proposed agreement. In the circumstances, I am satisfied that the employees had a reasonable opportunity to consider the proposed enterprise agreement and reasonable notice of the vote.

[6] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[7] I sought submissions from the bargaining representatives on whether the workplace delegates' rights clause in the Agreement was more beneficial than those contained in clause 28A of the Nurses Award 2020 and clause 7A of the Aged Care Award 2010. The Applicant submitted that the Agreement term is more beneficial. The Health Services Union (HSU) and the Australian Nursing and Midwifery Federation (ANMF) also submitted that the Agreement term was more beneficial. Considered holistically, I am satisfied that the term in the Agreement is more beneficial than the term in the Award.

[8] The HSU and the ANMF both lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note the Agreement covers the HSU and the ANMF.

[9] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2029.

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