Application by BaptistCare
Citation: [2026] FWC 1704
What happened
BaptistCare applied to the Fair Work Commission. The application relates to instruments covering a new employer and transferring employees. The case number is AG2025/4483. The Fair Work Commission was considering an application under section 318 of the Fair Work Act. The decision concerns the Kintyre Country Living (Aged Care), NSWNMA-ANMF NSW Branch and HSU NSW Branch Enterprise Agreement 2018-2021.
What was decided
The Fair Work Commission approved the application by BaptistCare. The decision, [2026] FWC 1704, relates to instruments covering a new employer and transferring employees. The Commission considered the application under section 318 of the Fair Work Act.
What it means for employers
Employers should be aware of their obligations when new employers are involved and employees are transferring. They need to ensure instruments like enterprise agreements are appropriately updated to cover these situations.
What it means for employees
Employees transferring to a new employer should be aware of how their existing entitlements, as outlined in agreements like the Kintyre Country Living enterprise agreement, are affected.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/document-view/decisions/application-by-baptistcare-2026-fwc-1704Want more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →