Social, community, home care and disability services

Application for approval of the Family Based Care Association North West Inc Enterprise Agreement 2025

[1] Family Based care Association North West Inc (the Employer) has made an application for approval of an enterprise agreement known as the Family Based Care Association North West Inc Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of these undertakings are attached in Annexure A and Annexure B, with Annexure A being the pre-emptive undertaking provided at lodgement. I am satisfied that these 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, has been met.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):

• Clause 58(5) - entitlement to family and domestic violence leave for casuals

• Clause 68(1) - entitlement to other Public Holidays prescribed or declared

[5] However, I am satisfied that the Employer's written undertaking in Annexure B means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Health and Community Services Union (HSU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54, will operate from 6 March 2026. The nominal expiry date of the Agreement is 27 February 2029.

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