Application by Presbyterian Care Victoria Ltd Trading AS Kirkbrae Presbyterian Homes
Citation: [2026] FWCA 2190
At a glance
- Awards cited
- MA000018, MA000010
What happened
Presbyterian Care Victoria Ltd (trading as Kirkbrae Presbyterian Homes) sought approval for an enterprise agreement with the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union – Victoria No 1 Branch (HWU). The agreement covers employees in various classifications, including planned home care roles. Concerns arose regarding whether all affected employees had a sufficient interest in the agreement and whether some rates were below the Aged Care Award 2010. The employer argued the agreement still met the ‘better off overall test’ (BOOT) and provided undertakings to address concerns about home care cancellation provisions.
What was decided
The Fair Work Commission approved the Presbyterian Care Victoria Ltd, ANMF and HWU Enterprise Agreement 2026. The Commission found employees had a sufficient interest in the agreement, despite some classifications not currently being filled. While some rates were below the Aged Care Award, the Commission accepted the employer’s argument that the agreement met the BOOT and that employees would receive at least Award rates. The Commission linked the Aged Care Award to the agreement and required the employer to provide undertakings to align home care cancellation provisions with the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award). The agreement will operate from August 24, 2026, and expire on May 1, 2030.
What it means for employers
Employers seeking to implement enterprise agreements must demonstrate that affected employees have a sufficient interest in the agreement’s terms. Even if rates are below an award, an agreement can still be approved if it meets the better off overall test. Employers should address any concerns raised by unions and provide undertakings to ensure compliance with relevant awards and standards.
What it means for employees
Employees should be aware of their rights when enterprise agreements are being negotiated. Even if some rates appear lower than award rates, employees may still receive at least the award rate. Unions can play a vital role in advocating for employee interests during enterprise bargaining.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwca2190.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need today sorted? A Day Pass is 25 questions over 24 hours. No account, nothing to cancel.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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