Carinya Lodge Homes Inc
[2023] FWCA 898
•24 MARCH 2023
| [2023] FWCA 898 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Carinya Lodge Homes Inc
(AG2023/489)
CARINYA LODGE HOMES INC., ANMF AND HSU ENTERPRISE AGREEMENT 2021
| Aged care industry | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 24 MARCH 2023 |
Application for approval of the Carinya Lodge Homes Inc., ANMF and HSU Enterprise Agreement 2021.
Carinya Lodge Homes Inc (the Employer) has made an application for the approval of the Carinya Lodge Homes Inc., ANMF and HSU Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
I note that Clause 53.2 – Shift Work and Clause 54.5(f) – Personal/Carer’s Leave are potentially inconsistent with the National Employment Standards (NES). The Employer’s submissions have resolved the issue with Clause 53.2 and the undertaking ensures that Clause 54.5(f) will not be applied in a matter contrary to s.107 of the Act.
The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union (HSU) were bargaining representatives for the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the ANMF and HSU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2023. The nominal expiry date of the Agreement is 31 May 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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