Application by Mt View Homes Inc
Citation: [2026] FWCA 2103
What happened
Mt View Homes Inc, an aged care provider, sought approval for its Aged Care Sector Employees Enterprise Agreement 2026. The application was made under section 185 of the Fair Work Act 2009. A procedural error occurred with the Notice of Employee Representational Rights (NERR) as an outdated version was used. The United Workers’ Union (UWU) and Australian Nursing and Midwifery Federation (ANMF) were bargaining representatives for the agreement.
What was decided
The Fair Work Commission approved the Mt View Homes Inc. Aged Care Sector Employees Enterprise Agreement 2026. the Commissioner found that while the NERR was not in the prescribed form, it was a minor error and did not disadvantage employees. The Applicant provided undertakings which were deemed acceptable and are now terms of the agreement. The UWU and ANMF are covered by the agreement. It will operate for seven days after approval.
What it means for employers
Employers should ensure that all required notices, like the Notice of Employee Representational Rights, are in the correct prescribed form to avoid potential delays or challenges to enterprise agreement approvals. Providing undertakings can address concerns raised during the application process and facilitate approval.
What it means for employees
Employees covered by the Mt View Homes Inc. Aged Care Sector Employees Enterprise Agreement 2026 will benefit from the terms outlined in the agreement, including any commitments made through undertakings provided by the employer. The UWU and ANMF are covered under this agreement.
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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 →