Aged Care Quality And Safety Commission

[2024] FWCA 1294

[2024] FWCA 1294

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Aged Care Quality And Safety Commission

(AG2024/778)

AGED CARE QUALITY AND SAFETY COMMISSION ENTERPRISE AGREEMENT 2024-2027

Aged care industry
COMMISSIONER PLATT	ADELAIDE, 11 APRIL 2024

Application for approval of the Aged Care Quality and Safety Commission Enterprise Agreement 2024-2027

1. An application has been made for approval of an enterprise agreement known as the Aged Care Quality and Safety Commission Enterprise Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Commonwealth Of Australia As Represented By Aged Care Quality And Safety Commission (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 22 March 2024.

1. On 26 March 2024, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

1. The Agreement contains a number of changes which when considered in isolation, are less advantageous than the Award. These include increased ordinary hours, an expanded spread of hours and some penalty rates. I note that the Agreement also confers benefits of universal application including paid leave between Christmas and New Year and increased Superannuation Contributions.  I have not considered additional benefits which were conditional in their application and/or difficult to quantify in monetary terms.  I find that the universal improvements offset the disadvantages referred to. 

1. The Applicant has submitted an undertaking in the required form dated 27 March 2024, a copy of which is attached to this Agreement. The undertaking deals with the following topics:

· The definition of a shift worker has been inserted and will also be for the purposes of the National Employment Standards (NES).

·  A Part-time minimum engagement has been inserted, consistent with the Australian Public Service Enterprise Award 2015.

·  The requirement to prescribe the agreed part time hours of working including the start and finish times so as to determine when overtime is payable has been inserted, consistent with the Australian Public Service Enterprise Award 2015.

·  For BOOT issues relating to Higher Duties, the Applicant has implemented a reconciliation process in line with Shop, Distributive and Allied Association v Beechworth Bakery Employee Co Pty Ltd T/A Beechworth Bakery.[1]

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The Community and Public Sector Union and Australian Nursing and Midwifery Federation 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 these organisations.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 28 February 2027.

COMMISSIONER

[1] [2017] FWCFB 1664.

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