Assisi Centre Ltd T/A Assisi Centre Aged Care

[2022] FWCA 3914

[2022] FWCA 3914

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Assisi Centre Ltd T/A Assisi Centre Aged Care

(AG2022/4132)

Assisi Aged Care Enterprise Agreement 2021

Aged care industry
COMMISSIONER MIRABELLA	MELBOURNE, 8 NOVEMBER 2022

Application for approval of the Assisi Aged Care Enterprise Agreement 2021.

1. Assisi Centre Ltd T/A Assisi Centre Aged Care (the Employer) has made an application for approval of an enterprise agreement known as the Assisi Aged Care Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. 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.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Nursing and Midwifery Federation and the Health Services Union, 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 Agreement covers these organisations.

1. The Agreement was approved on 8 November 2022 and, in accordance with s.54, will operate from 15 November 2022. The nominal expiry date of the Agreement is 1 November 2023.

COMMISSIONER

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Annexure A