Brotherhood of St Laurence

[2018] FWCA 7545

[2018] FWCA 7545

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Brotherhood of St Laurence

(AG2018/3224)

The Brotherhood of St Laurence Aged Care, ANMF and HWU Enterprise Agreement 2017

Aged care industry
Deputy President Masson	MELBOURNE, 12 DECEMBER 2018

Application for approval of the Brotherhood of St Laurence Aged Care, ANMF and HWU Enterprise Agreement 2017.

1. An application has been made for approval of an enterprise agreement known as the Brotherhood of St Laurence Aged Care, ANMF and HWU 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 Brotherhood of St Laurence. 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.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. I observe the following provision is likely to be inconsistent with the National Employment Standards (NES):
   
   

   ·     M.7.5 – Casual Employee Definition;

   ·     M.10.4 and M.25.2 – Parental Leave; and

   ·     M.5 – Personal Leave.
   
   

However, noting clause M.4 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.

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. 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) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2018. The nominal expiry date of the Agreement is 30 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE501049  PR703087>

Annexure A