OTTREY HOMES - COBRAM & DISTRICT RETIREMENT VILLAGE INC. (TRADING AS COBRAM REGIONAL CARE), ANMF AND HWU ENTERPRISE AGREEMENT 2025

Application for approval of the Ottrey Homes - Cobram & District Retirement Village Inc. (trading as Cobram Regional Care), ANMF and HWU Enterprise Agreement 2025

[1] Ottrey Homes Cobram & District Retirement Village Inc. Trading as Cobram Regional Care (the Employer) has made an application for approval of an enterprise agreement known as the Ottrey Homes - Cobram & District Retirement Village Inc. (trading as Cobram Regional Care), ANMF and HWU Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 16 June 2025 and the Agreement was made on 3 November 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] The employer 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, and having had regard to the Statement of Principles on Genuine Agreement, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] Clause 46.11(a) of the Agreement provides a minimum payment of 3 hours for recall to duty. Rates of pay may not compensate for this reduction if Aged Care employees are regularly recalled to work for the minimum payment of 3 hours under the Agreement, as opposed to the 4 hours as provided in clause 25.1(e) of the Aged Care Award. The Employer submitted that recall for aged care employees under the Agreement is highly irregular and rare. I have had regard to this submission and the Agreement provisions and I am satisfied that Aged Care employees remain better off under the Agreement.

[6] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

[7] In accordance with s.201(2), I note that the Agreement covers the ANMF and HSU.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2025. The nominal expiry date of the Agreement is 1 November 2028.

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