Application by Trustee Of The Sisters Of Our Lady Of China Trading AS Peakhurst Nursing Home
Citation: [2026] FWCA 2038
At a glance
- Employees affected
- 53
What happened
The Applicant sought approval for an enterprise agreement, the 'Sisters of Our Lady of China Peakhurst Nursing Home, NSWNMA and HSU New South Wales Branch Enterprise Agreement 2024'. The agreement would cover employees under several awards including the Nurses Award 2020, Aged Care Award 2010, SCHADS Award 2010, and HPSS Award 2020. Approximately 41 casual employees were eligible to vote, with 52 out of 53 voting in favour. Concerns arose regarding notification of the vote, explanation of the agreement, and potential inconsistencies with the National Employment Standards (NES) and better off overall test (BOOT).
What was decided
The Fair Work Commission approved the enterprise agreement. The Deputy President was satisfied that requirements under the Fair Work Act 2009 had been met, including regarding employee voting and explanation of the agreement. Several issues were raised concerning the BOOT, particularly relating to overtime penalties, TOIL arrangements, daily working hours, roster provision, and rates of pay for additional part-time hours. The Respondent provided undertakings to address these concerns, which are now legally binding terms of the agreement. The agreement will operate from August 10, 2026, until June 30, 2028.
What it means for employers
Employers entering into enterprise agreements must ensure employees receive adequate notification and explanation regarding voting and the agreement's terms. They need to carefully consider potential impacts on employee benefits compared to relevant awards, particularly overtime and leave provisions, and address any concerns through undertakings if necessary. Compliance with NES is also crucial.
What it means for employees
Employees should be aware of their rights during enterprise bargaining processes, including the right to vote and receive clear explanations about proposed agreements. If employees believe an agreement may disadvantage them compared to existing awards, they can raise these concerns during consultations or seek advice from unions or Fair Work.
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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 →