OLIVET CARE (RESIDENTIAL CARE) ENTERPRISE AGREEMENT 2025

Application for approval of the Olivet Care (Residential Care) Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Olivet Care (Residential Care) 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 Christadelphian Welfare Association (Vic) Inc trading as Olivet Care. The Agreement is a single enterprise agreement.

[2] I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a minor difference in the title for the Agreement to the one noted above and it had been signed. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

[3] The Employer has provided written undertakings. A copy of the undertakings 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. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Australian Nursing and Midwifery Federation and Health Services Union, each being a bargaining representative 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) I note that the Agreement covers each organisation.

[6] The Agreement is approved and in accordance with s.54, will operate from 1 December 2025. The nominal expiry date of the Agreement is 1 March 2028.

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