Application by Warrina Homes Inc
Citation: [2026] FWCFB 166
At a glance
- Employees affected
- 41
What happened
Warrina Homes Inc. sought to terminate the Warrina Homes Incorporated Nursing Employees (ANMF) Enterprise Agreement 2017, which expired in July 2021. Bargaining for a new agreement began in October 2025. Warrina operates four aged care facilities and retirement villages near Adelaide. Approximately 41 employees are covered by the existing agreement, representing about 25% of the total nursing workforce. Warrina wants to apply the Nurses Award 2020 to all nurses for consistency and to reduce administrative burden.
What was decided
The Fair Work Commission Full Bench dismissed Warrina Homes Inc.'s application to terminate the enterprise agreement. The Commission considered that the continued operation of the agreement was not unfairly impacting employees, but termination would negatively affect their bargaining position. The decision reflects changes introduced by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, which aimed to prevent employers from unilaterally terminating agreements to reduce employee entitlements and disrupt bargaining.
What it means for employers
Employers seeking to terminate expired enterprise agreements must demonstrate that doing so would not unfairly disadvantage employees or impede new agreement negotiations. The Commission will carefully consider the impact on employee bargaining power before granting termination.
What it means for employees
Employees covered by existing enterprise agreements should be aware of their protections against unilateral termination attempts by employers, particularly when new agreement negotiations are underway. Collective bargaining entitlements remain legally enforceable.
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/2026fwcfb166.pdfSend your details to Liquid Employment Lawyers
Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
Prefer to read first? About Liquid Employment Lawyers · Not sure if you need a lawyer? Read the legal help guides
Want 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 this week sorted? A 7-Day Pass is 50 questions over 7 days, no account. Get a 7-Day Pass — $14.99
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