Application for approval of the Coolibah Care Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Coolibah Care Enterprise Agreement 2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Mandurah Retirement Village Inc T/A Coolibah Care (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

[4] I observe that clause 17.7 is likely to be inconsistent with the National Employment Standards (NES), which appears to permit the Employer to withhold monies owing to the employee under the NES. However, noting clause 10.1 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.

[5] The United Workers Union and the Australian Nursing and Midwifery Federation, being bargaining representatives 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) of the Act I note that the Agreement covers each organisation.

[6] The Agreement is approved and, in accordance with s 54 of the Act will operate from 27 August 2025. The nominal expiry date of the Agreement is 31 July 2029.

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