Catholic Healthcare Limited

[2019] FWCA 7867

[2019] FWCA 7867

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Healthcare Limited
(AG2019/1871)

CATHOLIC HEALTHCARE RESIDENTIAL AGED CARE ENTERPRISE AGREEMENT (NEW SOUTH WALES) 2018 - 2021

Aged care industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 18 NOVEMBER 2019

Application for approval of the Catholic Healthcare Residential Aged Care Enterprise Agreement (New South Wales) 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Catholic Healthcare Residential Aged Care Enterprise Agreement (New South Wales) 2018 - 2021 (Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Employer, Catholic Healthcare Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 15 November 2019. Those undertakings are attached to this decision at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Nurses Award 2010, Health Professionals and Support Services Award 2010, or the Aged Care Award 2010) and that the undertakings will not result in substantial changes to the Agreement. I note that those undertakings become terms of the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Australian Nursing and Midwifery Federation — New South Wales Branch, and Health Services Union of Australia NSW Branch, both 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 both organisations.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE506141  PR714386>

Annexure A