Application by Burles Consulting Pty Ltd
Citation: [2026] FWCA 2155
At a glance
- Employees affected
- 78
- Awards cited
- MA000004, MA000131
What happened
The Mary Ogilvy Homes Society sought approval for a new enterprise agreement, The Mary Ogilvy Homes Society Nursing & General Staff Agreement 2026. The agreement would cover employees under the Aged Care Award 2010 and the Nurses Award 2020. 44 casual employees participated in the vote to approve the agreement. The Health Services Union (HSU) and the Australian Nursing and Midwifery Federation (ANMF) were bargaining representatives. Concerns were raised about inconsistencies between the agreement and the awards, including laundry allowances, annual leave, and workplace delegate rights.
What was decided
The Fair Work Commission approved The Mary Ogilvy Homes Society Nursing & General Staff Agreement 2026, effective from September 8, 2026, expiring July 1, 2030. The Commission found the agreement met the requirements of the Fair Work Act. A variation was made under s.218A to correct an error regarding workplace delegate rights, aligning it more closely with the relevant awards. This variation also took effect from September 8, 2026. The Commission was satisfied the variation did not introduce new entitlements or disadvantage employees.
What it means for employers
Employers should ensure enterprise agreements accurately reflect award entitlements and comply with legislative requirements, particularly regarding workplace delegate rights. Providing undertakings to address identified issues can help secure approval. Careful consideration should be given to casual employee eligibility for voting.
What it means for employees
Employees should review enterprise agreements to ensure they provide at least the same entitlements as the relevant awards. If discrepancies are found, employees can raise concerns during the bargaining process or seek a variation under s.218A.
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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