Aged Care Deloraine Inc

[2020] FWCA 2087

[2020] FWCA 2087

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Aged Care Deloraine Inc
(AG2020/157)

AGED CARE DELORAINE INC ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT LAKE	BRISBANE, 22 APRIL 2020

Application for approval of the Aged Care Deloraine Inc Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Aged Care Deloraine Inc Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aged Care Deloraine Inc (the Applicant). The Agreement is a single enterprise agreement.

[1] Ms Emily Shepherd, Branch Secretary of the Tasmanian Branch of the Australian Nursing and Midwifery Federation (ANMF), lodged a Form F18 statutory declaration giving notice under s.183 of the Act that the ANMF supported approval of the Agreement and wants the Agreement to cover it.

[2] Mr Tim Jacobson, State Secretary of the Tasmania Branch of the Health Services Union of Australia (HSU), lodged a Form F18 statutory declaration advising it supported approval of the Agreement and giving notice under s.183 of the Act that the HSU wants the Agreement to cover it.

[3] Both Form F18s identified some concerns regarding the Agreement and statements in the Form F17 filed by the Applicant.

[4] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this Decision.

[6] I observe that Clause 4 – Redundancy of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting the NES precedence undertaking given by the Applicant, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The ANMF and HSU, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the ANMF and HSU.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 April 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE507840  PR718463>

Annexure A.