Andrew Kerr Ltd

[2020] FWCA 1027

[2020] FWCA 1027

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Andrew Kerr Ltd
(AG2019/4430)

ANDREW KERR CARE LTD., ANMF AND HSU ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER YILMAZ	MELBOURNE, 25 FEBRUARY 2020

Application for approval of the Andrew Kerr Care Ltd., ANMF and HSU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Andrew Kerr Care Ltd., ANMF and HSU Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Andrew Kerr Ltd. The Agreement is a single enterprise agreement.

[2] The Notice of Employee Representational Rights (Notice) issued to employees incorrectly referred to s.174(6) of the Act instead of s.174(1A). Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). I am further satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

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

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia 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) I note that the Agreement covers the organisations.

[6] The Agreement is approved and in accordance with s.54, will operate from 3 March 2020. The nominal expiry date of the Agreement is 31 May 2021.

COMMISSIONER

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