JALLARAH HOMES INC AGED CARE SECTOR EMPLOYEES ENTERPRISE AGREEMENT 2025

Application for variation of the Jallarah Homes Inc Aged Care Sector Employees Enterprise Agreement 2025

[1] An application has been made under s. 218A of the Fair Work Act 2009 (the Act) jointly by the United Workers' Union and Jallarah Homes Incorporated to vary the Jallarah Homes Inc Aged Care Sector Employees Enterprise Agreement 2025 to correct or amend an error or defect or irregularity.

[2] The Agreement was approved by the Commission on 19 September 2025 and commenced operation on 26 September 2025.[1]

[3] The United Workers' Union is covered by the Agreement pursuant to s. 201(2) of the Act.

[4] It is submitted by the Applicants that the rates present in the Agreement for 'Most Senior Food Services Employees' at Schedule 1 of the Agreement instead of the Award rates are an obvious error.[2]

[5] The flow on effect of this error is that the Agreement percentage increases contained within Schedule 1 for 'Most Senior Food Services Employees' are incorrect.

[6] The Applicants seek to amend the Wage Rates at Schedule 1 of the Agreement in the following way:

[7] The Applicants submit that the Agreement contains an error, defect or irregularity, the details of which are set out and considered below.

Variation of enterprise agreements to correct or amend errors, defects or irregularities

(1) The FWC may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form).

(2) The FWC may vary an enterprise agreement under subsection (1):

(i) one or more of the employers covered by the agreement;

(iii) an employee organisation covered by the agreement.

(3) If the FWC varies an enterprise agreement under subsection (1), the variation operates from the day specified in the decision to vary the agreement.

[9] I am satisfied that the Agreement contains obvious errors as described in the application. The rates for 'Most Senior Food Services Employees' at Schedule 1 of the Agreement that purports to specify the Aged Care Award 2010 rates do not reflect the Award rates for the corresponding classifications.[3]

[10] Additionally, the highest classification, 'Level 7 - Specialist', in the Agreement classification structure for 'Most Senior Food Services Employees' has a lower rate than the level below it without explanation.

[11] I accept that the correct rates are those set out at Annexure A of the application and find it appropriate to vary the Agreement to correct the obvious errors.

[12] For the reasons set out above, I am satisfied that the typographical errors in the Table of Wage Rates at Schedule 1 of the Agreement are errors within the meaning of s. 218A(1) of the Act.

[13] I am further satisfied that the application to vary the Agreement has been made by the employer covered by the Agreement, satisfying the requirement of s. 218A(2)(b)(i) of the Act.

[14] The variation sought will operate from 9 December 2025.

[15] An order giving effect to this decision will be separately issued.[4]

[16] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision

[1] [2025] FWCA 3150; AE530488.

[3] Aged Care Award 2010 (MA000018) clause 14.2.

[4] PR794691.

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