Catholic Homes Incorporated T/A Catholic Homes Incorporated
[2024] FWCA 2464
•3 JULY 2024
| [2024] FWCA 2464 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Catholic Homes Incorporated T/A Catholic Homes Incorporated
(AG2024/1889)
CATHOLIC HOMES INCORPORATED REGISTERED NURSES (ANF) ENTERPRISE AGREEMENT 2023
| Aged care industry | |
| COMMISSIONER YILMAZ | MELBOURNE, 3 JULY 2024 |
Application for approval of the Catholic Homes Incorporated Registered Nurses (ANF) Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Catholic Homes Incorporated Registered Nurses (ANF) Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Catholic Homes Incorporated T/A Catholic Homes Incorporated. The Agreement is a single enterprise agreement.
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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that clauses 7.2, 8.3 and 23 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings referred to above, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Nursing and Midwifery Federation 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.
The Agreement is approved and in accordance with s.54, will operate from 10 July 2024. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
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Annexure A
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