Application for approval of the Bolton Clarke (New South Wales) Enterprise Agreement 2025

[1] An application has been made by RSL Care RDNS Limited (Applicant) for approval of an enterprise agreement known as the Bolton Clarke (New South Wales) Enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the Agreement if the requirements in ss. 186 and 187 of the Act are met.

[2] Sections 186(2)(d) requires the Commission to be satisfied the Agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A.

[3] Issues were raised with the Applicant as to whether the Agreement passed the BOOT. In response, the Applicant has provided undertakings.

[4] A copy of the undertakings is attached (Annexure A). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the Agreement were sought about the undertakings. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

[5] Having regard to the undertakings and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

[6] The Health Services Union (HSU) and Australian Nursing and Midwifery Federation (ANMF) were bargaining representatives for the Agreement and have given 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 HSU and ANMF.

[7] The Agreement was approved on 29 July 2025 and will operate from 12 August 2025 being 14 days following its approval as specified in Clause 1.2(a) of the Agreement and in accordance with s.54(1)(b) of the Act. The nominal expiry date of the Agreement is 12 August 2028

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