Air Force Association (WA Division) Inc. T/A RAAFA

[2024] FWCA 4246

[2024] FWCA 4246

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Air Force Association (WA Division) Inc. T/A RAAFA

(AG2024/3237)

RAAFA (WA) NURSING AND RESIDENTIAL AGED CARE ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER LIM	PERTH, 2 DECEMBER 2024

Application for approval of the RAAFA (WA) Nursing and Residential Aged Care Enterprise Agreement 2024.

1. Air Force Association (WA Division) Inc. T/A RAAFA (the Applicant) has made an application for the approval of an enterprise agreement known as the RAAFA (WA) Nursing and Residential Aged Care Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The Applicant 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.

1. In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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. Clause 8.2 of the Agreement contains a delegates’ rights term that is drafted differently to the terms provided in the relevant modern awards and appears to leave out some entitlements that the model terms provide. Section 205A(2) of the Act provides that where a delegates’ rights term is less favourable in an enterprise agreement compared to the modern award, the enterprise agreement term will have no effect and the most favourable modern award term shall be taken to be a term of the enterprise agreement. Under s 205A(2), the workplace delegates’ rights term in Clause 7.A of the Aged Care Award 2010 is taken to be a term of the Agreement.

1. The United Workers’ Union (UWU), the Health Services Union (HSU) and the Australian Nursing and Midwifery Federation (ANMF) (together, the organisations), 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), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

1. The Agreement was approved on 2 December 2024 and, in accordance with s 54, will operate from 9 December 2024. The nominal expiry date of the Agreement is 2 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A