Nazareth Care [2026] FWCA 853 (2 April 2026)

Application for approval of the Nazareth Care - Wynnum Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Nazareth Care - Wynnum 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 Nazareth Care (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided 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.

[3] I note the undertakings were provided in relation to the following:

1. Casual loading

[4] 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.

[5] The Agreement does not contain a delegates' rights term compliant with the Act. Pursuant to s.205A(2) of the Act, the workplace delegates' rights terms prescribed by the Aged Care Award 2010 and the Nurses Award 2020 is taken to be a term of the Agreement.

[6] The Australian Nursing and Midwifery Federation (ANMF) and the Australian Workers' Union (AWU) lodged a Form F18 statutory declaration 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 ANMF and the AWU.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.

Printed by authority of the Commonwealth Government Printer