Application by Toosey Trading AS Toosey Aged And Community Care
Citation: [2026] FWCA 2327
What happened
the Applicant sought approval for the Toosey Enterprise Agreement 2025–2029. The agreement covers employees in the aged care industry. The Australian Nursing and Midwifery Federation and Health Services Union were bargaining representatives for the agreement and indicated their desire for it to cover their organisations. The agreement includes a clause prioritizing the National Employment Standards (NES) in case of conflicts.
What was decided
The Fair Work Commission approved the Toosey Enterprise Agreement 2025–2029. The agreement will be effective from September 3, 2026, and expire on February 28, 2029. The Commission confirmed that the requirements of sections 186 to 188 of the Fair Work Act 2009 were met. The agreement will cover the bargaining representatives.
What it means for employers
Employers should ensure any enterprise agreements comply with the Fair Work Act 2009, including sections 186 to 188. Agreements should also clearly address the relationship between the agreement and the National Employment Standards, including a precedence clause if necessary.
What it means for employees
Employees covered by the Toosey Enterprise Agreement 2025–2029 will have their terms and conditions of employment governed by this agreement. They should review the agreement to understand their rights and obligations.
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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