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austlii:cth/FWCA/2026/907
General information, not legal advice.
FWCA
2026-04-09
Original judgment source is linked above.
s.185 - Enterprise agreement
WESTMONT AGED CARE SERVICES LTD, ANMF AND HWU ENTERPRISE AGREEMENT 2025-2029
Application for approval of the Westmont Aged Care Services Ltd, ANMF and HWU Enterprise Agreement 2025-2029
[1] Westmont Aged Care Services Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the Westmont Aged Care Servies Ltd, ANMF and HWU Enterprise Agreement 2025-2029 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).
[2] I note that clause 56.9 (Members of an Employee Couple who intend to take Concurrent Parental Leave) may be inconsistent with the National Employment Standards (NES). However, clause 6.1 (Relationship to NES and Awards) of the Agreement operates to provide that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the Act.
[3] 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.
[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[5] The Australian Nursing and Midwifery Federation (ANMF), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the Australian Nursing and Midwifery Federation (ANMF).
[6] 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. In accordance with s 201(2), I note the Agreement covers the Health Services Union (HSU).
[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.
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