Application by Wheatfields Incorporated
Citation: [2026] FWCA 2358
What happened
Wheatfields Incorporated, an aged care provider, sought approval for its Nursing Employees (aged care) Enterprise Agreement 2026. The Australian Nursing and Midwifery Federation (ANMF) initiated bargaining on January 27, 2026. Wheatfields issued a Notice of Employee Representational Rights (NERR) on April 26, 2026, which was 14 days late. The ANMF argued the delay didn't disadvantage employees, and Wheatfields agreed.
What was decided
The Fair Work Commission approved the Wheatfields Incorporated Nursing Employees (aged care) Enterprise Agreement 2026. The Commissioner disregarded the late issuance of the NERR, finding no practical prejudice to employees. The agreement will operate from September 3, 2026, and expire on August 27, 2030. The Commission accepted written undertakings from Wheatfields, making them a term of the agreement. Minor inconsistencies with the National Employment Standards were noted but did not prevent approval.
What it means for employers
Employers should ensure timely compliance with notification requirements when entering enterprise bargaining. While procedural errors can be overlooked if employees aren't disadvantaged, maintaining open communication and keeping employees informed throughout the bargaining process is crucial. Providing a late NERR can be excused if no harm is caused.
What it means for employees
Employees should be aware of their rights during enterprise bargaining, including the right to be represented and participate in negotiations. If there are delays in the bargaining process, employees should raise concerns and ensure they are kept informed.
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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