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.
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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 →