Boneham Aged Care Services Inc

[2020] FWCA 3249

[2020] FWCA 3249

FAIR WORK COMMISSION

DECISION

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

Boneham Aged Care Services Inc
(AG2020/1502)

BONEHAM AGED CARE SERVICES INC AGED CARE SECTOR EMPLOYEES ANMF-SA AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2019

Aged care industry
COMMISSIONER PLATT	ADELAIDE, 22 JUNE 2020

Application for approval of the Boneham Aged Care Services Inc Aged Care Sector Employees ANMF-SA and United Workers Union Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Boneham Aged Care Services Inc Aged Care Sector Employees ANMF-SA and United Workers Union Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Boneham Aged Care Services Inc (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 11 June 2020.

[3] On 16 June 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 19 June 2020. The undertaking deals with the following topics:

•  In relation to clause 7.4.4 (Personal Leave), an employee must give notice as soon as reasonably practicable, which may be at a time after the leave has started.

•  In relation to clause 4.5.6.2 (Notice of Termination), if an employee who is 18 years old does not give appropriate notice, the Applicant will deduct wages due to the employee for an amount that is no more than one week’s wage.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The United Workers’ Union and the Australian Nursing and Midwifery Federation, 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) of the Act I note that the Agreement covers these organisations.

[8] 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.

[9] 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 31 January 2023.

COMMISSIONER

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