Application by Siena Management Services Pty Ltd Trading AS Martyn Claver Nursing Home
Citation: [2026] FWCA 1617
What happened
Siena Management Services Pty Ltd, trading as Martyn Claver Nursing Home, sought approval for the Martyn Claver Nursing Home Enterprise Agreement 2024. The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union (HSU) were bargaining representatives and supported the agreement’s approval. Both unions notified their desire to be covered by the agreement. Siena Management Services provided written undertakings.
What was decided
The Fair Work Commission approved the Martyn Claver Nursing Home Enterprise Agreement 2024. The Commissioner was satisfied that all relevant requirements of sections 186, 187, 188 and 190 of the Fair Work Act 2009 were met. The agreement will operate from June 30, 2026, and expire on June 30, 2028. The undertakings provided by Siena Management Services are now terms of the agreement.
What it means for employers
Employers seeking to implement enterprise agreements must ensure they comply with all requirements outlined in the Fair Work Act 2009, including providing appropriate undertakings that do not cause financial detriment to employees or result in substantial changes to the agreement. Bargaining representatives' support is crucial for approval.
What it means for employees
Employees should be aware of their right to have union representation during enterprise bargaining and how this can impact workplace conditions. The approved Martyn Claver Nursing Home Enterprise Agreement 2024 will apply to both the ANMF and HSU, covering them under its terms.
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This summary was drafted 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 →