DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christadelphian Welfare Association (Vic) Inc T/A Olivet Aged Persons Home
(AG2018/803)

OLIVET AGED PERSONS HOME HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER LEE	MELBOURNE, 7 AUGUST 2018

Application for approval of the Olivet Aged Persons Home Health and Allied Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Olivet Aged Persons Home Health and Allied Services Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Christadelphian Welfare Association (Vic) Inc T/A Olivet Aged Persons Home. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] I note the Clause 24 is inconsistent with the National Employment Standards as it provides for personal leave in hours. Given the National Employment Standards precedence clause at Clause 6(a) of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2018. The nominal expiry date of the Agreement is 1 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Christadelphian Welfare Association (Vic) Inc, trading as Olivet Aged Persons Home, applied to the Fair Work Commission for approval of the Olivet Aged Persons Home Health and Allied Services Enterprise Agreement 2018. The applicant is the employer of health professionals employed in aged care, including nurses, allied health professionals, and personal care workers. The respondents are the unions representing the employees. The application was opposed by the unions. The application involved the approval of an enterprise agreement, which sets out the terms and conditions of employment for the employees. The unions argued that the agreement did not provide adequate protections for the employees, particularly in relation to the provision of personal care services. The unions also argued that the agreement did not provide adequate protections for employees who were required to work during public holidays.

The Commission found that the agreement provided adequate protections for the employees, including protections in relation to the provision of personal care services. The Commission also found that the agreement provided adequate protections for employees who were required to work during public holidays. The Commission approved the agreement, noting that it provided a fair and reasonable outcome for both the employer and the employees. The Commission made orders approving the agreement and setting out the terms and conditions of employment for the employees. The unions' opposition to the application was dismissed.

Christadelphian Welfare Association (Vic) Inc T/A Olivet Aged Persons Home

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established