Application for approval of the TLC Primary Care Pty Ltd and ANMF Enterprise Agreement 2025 to March 2029.

[1] TLC Aged Care (the Employer) has made an application for approval of an enterprise agreement known as the TLC Primary Care Pty Ltd and ANMF Enterprise Agreement 2025 to March 2029 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, has been met.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):

• Clause 44

• Clause 49.3

[5] However, I am satisfied that the Employer's written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The personal leave entitlement at clause 43.1.2 refers to clause 42.8 for the notice and evidence requirements. However, clause 42.8 refers to cashing out of annual leave. The Agreement intends to refer to clause 43.9. The Employer has provided an updated copy of the Agreement which corrects this error. I am satisfied that this constituted an obvious error, defect, or irregularity and I will amend the Agreement accordingly pursuant to s.218A of the FW Act.

[7] The ANMF being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54, will operate from 18 December 2025. The nominal expiry date of the Agreement is 31 March 2029.

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