ANGLICARE TASMANIA INC. ENTERPRISE BARGAINING AGREEMENT 2025

Social, community, home care and disability services

Application for approval of the Anglicare Tasmania Inc. Enterprise Bargaining Agreement 2025

[1] Anglicare Tasmania Inc has applied for approval of an enterprise agreement known as the Anglicare Tasmania Inc. Enterprise Bargaining Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

[2] The Agreement is a single enterprise agreement.

[3] In the process of reviewing the Agreement for approval, a number of matters were raised about whether the Agreement passed the Better Off Overall Test including the following matters:

• Clause 10(a) - Casual loading

• Clause 17 - Trainees

• Clause 29 - Sleepover and Clause 72 - Sleepover Disturbances

• Clause 31 - Standard Overnight Provisions

• Clause 34 - Broken shift

• Clause 43(a) - Span of Hours

• Clause 43(d) - Overtime

[4] The union bargaining representatives and the Employer provided responses to matters raised. Based on those responses and undertakings provided by the Employer, I am satisfied that that each employee who would be covered by the Agreement would be better off overall under the Agreement than under the relevant award. I have had regard to:

• the Agreement containing slightly higher rates of pay than under the relevant award;

• conditions that are more beneficial than the award such as

  • longer paid rest breaks in clauses 43(e) and 44(g); and
  • the Employer's information that it rosters employees on active duty when other employees are rostered on sleepover shifts (so as to limit the need for employees on sleepover shifts to be disturbed); and

• the Employer's response about the operational reasons for overtime being payable only after more than 15 minutes of overtime is performed.

[5] The Employer provided responses 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.

[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] The Australian Nursing and Midwifery Federation (ANMF), Australian Municipal, Administrative, Clerical and Services Union (ASU), and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the unions.

[8] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 14 April 2026.

[9] In accordance with clause 3(a), the nominal expiry date of the Agreement is 31 May 2028.

[10] Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission must first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities.

[11] I determined to vary the Agreement on my own initiative, following the identification of the obvious defects in clause 61 - Workplace Delegates Rights, arising from the decision of the Full Federal Court in Construction, Forestry and Maritime Employees Union v Australian Industry Group [2025] FCAFC 187.

[12] On my request, the Applicant provided an amended copy of the Agreement, with only the amendments identified above.

[13] I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences.

[14] The Agreement attached to this Decision is the Agreement as varied and will operate from 14 April 2026. The nominal expiry date of the Agreement as varied is 31 May 2028.

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