Application for approval of the VMCH Aged Care Services Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the VMCH Aged Care Services Agreement 2025 (Agreement). The Application was made by Villa Maria Catholic Homes Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement contains a delegates' rights term in clause 9 which I consider is less favourable than the delegates' rights clause which now appears in clause 7A of the Aged Care Award 2010. As a result, the workplace delegates' rights term appearing in clause 7A of the Aged Care Award 2010 is taken to be a term of the Agreement in accordance with s.205A of the FW Act.

[5] Noting clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.

[7] The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2029.

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