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[8]
austlii:cth/FWCA/2025/2449
General information, not legal advice.
FWCA
2025-07-24
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
ACH GROUP NURSING EMPLOYEES ENTERPRISE AGREEMENT 2024
Application for approval of ACH Group Nursing Employees Enterprise Agreement 2024
[1] An application has been made for approval of an enterprise agreement known as the ACH Group Nursing Employees 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 Aged Care & Housing Group Inc trading as ACH Group (the Applicant). The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings, a copy of which 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.
[3] 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.
[4] I note that the following clause in the Agreement appears to be inconsistent with the National Employment Standards (the NES):
Deduction of Employee Debts: clause 48 provides that if on termination there are any amounts owing by an employee to the employer the employee may agree in writing that the amount owing may be deducted from any monies or entitlements owed to the employee. The effect of this is that this clause appears to permit the employer to deduct monies owing to the employee under the NES.
[5] Noting clause 7.3 of the Agreement, 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.
[6] The Australian Nursing and Midwifery Federation (ANMF) lodged a Form F18 statutory declaration giving 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 the Agreement covers the ANMF.
[7] The Agreement is approved and will operate in accordance with s.54 of the Act from 31 July 2025. The nominal expiry date of the Agreement is 24 July 2028.
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