Baptistcare WA Limited

[2020] FWCA 2512

[2020] FWCA 2512

FAIR WORK COMMISSION

DECISION

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

Baptistcare WA Limited
(AG2020/872)

BAPTISTCARE WA LIMITED AGED CARE SERVICES ENTERPRISE AGREEMENT 2019

Aged care industry
COMMISSIONER BOOTH	BRISBANE, 13 MAY 2020

Application for approval of the Baptistcare WA Limited Aged Care Services Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Baptistcare WA Limited (the Applicant) for approval of the Baptistcare WA Limited Aged Care Services Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representatives on 8 April 2020, raising a number of concerns in relation to the Agreement.

[3] The Applicant provided draft undertakings on 22 April, and formal undertakings on 30 April 2020, addressing the concerns raised. The Health Services Union (HSU), the Australian Nursing and Midwifery Federation (ANMF) and the United Workers Union (UWU), bargaining representatives for the Agreement, provided correspondence to my Chambers noting they are in support of the undertakings filed and approval of the Agreement.

[4] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] I observe that the following clauses may be inconsistent with the National Employment Standards (NES):

•  Clause 69.2 – personal/carer’s leave; and

•  Clause 84.1 – public holidays.

[6] However, noting the NES precedence clause provided with the undertakings at Attachment A, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] Subject to the matters raised at paragraphs [5]-[6] and the undertakings provided, 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.

[8] The HSU, the ANMF and the UWU filed Form F18s in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the HSU, the ANMF and the UWU.

[9] The Agreement is approved and, in accordance with clause 6 of the Agreement and s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE508043  PR719348>

Attachment A