Barunga Village Inc
[2022] FWCA 1542
•9 MAY 2022
| [2022] FWCA 1542 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Barunga Village Inc
(AG2022/1290)
Barunga Village Inc Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2022
| Aged care industry | |
| COMMISSIONER PLATT | ADELAIDE, 9 MAY 2022 |
Application for approval of the Barunga Village Inc Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Barunga Village Inc Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Barunga Village Inc (the Applicant). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 4 May 2022 and was determined on the papers.
It is noted that the Agreement allows for a number of deductions which potentially appear inconsistent with the Act, including:
· Clause 5.7.7(b) of the Agreement states that upon resignation, any over-expenditure may be deducted from the employees’ final payments or upon demand.
· Clause 7.1.8(d) of the Agreement states that upon termination, where an employee has not accrued annual leave already taken, the employer may deduct money from the employee’s termination payment equal to the amount of leave taken in advance.
· Clause 8.1.12 of the Agreement states that where an employee resigns within 1 year of completing training costing the employer more than $1,500 the employee authorises the employer to deduct from any termination payment a pro-rated amount of the training costs.
To the extent that the above clauses are inconsistent with ss324-326 of the Act, they will have no effect.
The Australian Nursing and Midwifery Federation (ANMF), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.
I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
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 21 February 2025.
COMMISSIONER
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