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austlii:cth/FWCA/2026/546
General information, not legal advice.
FWCA
2026-03-03
Commissioner P
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
ARCARE PTY LTD, NSWNMA/ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH, (NSW AND ACT) ENTERPRISE AGREEMENT 2025
Application for approval of the Arcare Pty Ltd, NSWNMA/ANMF NSW Branch and HSU New South Wales Branch, (NSW and ACT) Enterprise Agreement 2025
[1] Arcare Pty Ltd ATF The Arc Unit Trust (Employer) has made an application for approval of an enterprise agreement known as the Arcare Pty Ltd, NSWNMA/ANMF NSW Branch and HSU New South Wales Branch, (NSW and ACT) Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]
[3] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.
[4] In accordance with s.201(2) of the FW Act, I note that the Agreement covers the ANMF and the HSU.
[5] The Employer made an application under s.218A to vary clause 44 of the Agreement which deals with workplace delegates rights. The variations address the matters identified by the Full Court in Construction, Forestry and Maritime Employees Union v Australian Industry Group [2025] FCAFC 187. The ANMF supported the variation. The HSU did not express a view.
[6] Section 218A of the FW 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. I am satisfied that there is an obvious defect in clause 44 of the Agreement, and that I should exercise my discretion to amend the Agreement.
[7] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 10 March 2026. The nominal expiry date of the Agreement is 1 November 2028.
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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