OLD COLONISTS' ASSOCIATION OF VICTORIA (TRADING AS ABOUND COMMUNITIES) ANMF AND HWU ENTERPRISE AGREEMENT 2025-2028

Application for approval of the Old Colonists' Association of Victoria (trading as Abound Communities) ANMF and HWU Enterprise Agreement 2025 - 2028

[1] An application has been made for approval of an enterprise agreement known as the Old Colonists' Association of Victoria (trading as Abound Communities) ANMF and HWU Enterprise Agreement 2025 - 2028 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Old Colonists' Association of Victoria T/A Abound Communities (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 the following clauses are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.1 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:

• Clause 56.9 (Concurrent parental leave) appears to be more restrictive than the NES.

• Clause 54.5(f) (Personal/carer's leave - notice requirements) appears to be more restrictive than s 107 of the Act.

• Clause 27.8 (Compassionate leave - casuals) appears to omit the entitlement for occasions where a member of the employee's immediate family or a member of their household contract or develops a personal illness or sustains a serious injury that poses a serious threat to life, or when a child is stillborn or if the employee or their spouse/ de facto has a miscarriage, as provided by s 104 of the Act.

[5] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement has 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 the organisation.

[6] The Agreement is approved and, in accordance with s 54 of the Act will operate from 19 March 2026. The nominal expiry date of the Agreement is 31 May 2028.

Printed by authority of the Commonwealth Government Printer