Advantaged Care Pty Ltd

[2020] FWCA 608

[2020] FWCA 608

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Advantaged Care Pty Ltd
(AG2019/5068)

ADVANTAGED CARE CLINICAL STAFF ENTERPRISE AGREEMENT 2020 - 2023

Aged care industry
COMMISSIONER LEE	MELBOURNE, 5 FEBRUARY 2020

Application for approval of the Advantaged Care Clinical Staff Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Advantaged Care Clinical Staff Enterprise Agreement 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Advantaged Care Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Clause 36 of the Agreement states that the Employer, at their discretion withhold from the Employee’s pay, an amount of monies equivalent to the value of the property or the cost of fixing any damage incurred. In my view, this clause may not be a permitted deduction within the meaning of s.324 of the Act, and pursuant to s.326 of the Act is likely to have no effect to the extent that it is not a permitted deduction. However, notwithstanding my views on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and does not represent a barrier to the approval of the Agreement.

[5] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2020. The nominal expiry date of the Agreement is 4 February 2023.

COMMISSIONER

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<AE506983  PR716447>

Annexure A