Corumbene Nursing Home for the Aged Inc

[2021] FWCA 1568

[2021] FWCA 1568

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Corumbene Nursing Home for the Aged Inc
(AG2021/119)

CORUMBENE NURSING HOME FOR THE AGED INC. GENERAL AGREEMENT 2020

Aged care industry
COMMISSIONER CIRKOVIC	MELBOURNE, 23 MARCH 2021

Application for approval of the Corumbene Nursing Home for the Aged Inc. General Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Corumbene Nursing Home for the Aged Inc. General Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Corumbene Nursing Home for the Aged Inc. The Agreement is a single enterprise agreement.

[2] The Agreement lodged contained errors on:

•  Page 26-7, clause 20.4;

•  Page 27, clause 20.5;

•  Page 34-5, clause 25.12; and

•  Page 36, clause 26.5(a).

[3] On 19 March 2021 an amended version of the Agreement correcting this error was filed. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] 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.

[5] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Australian Nursing and Midwifery Federation and the Health Services Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers these organisations

[7] I observe that clause 26.7 is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings provided by the Applicant, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[8] The Agreement was approved on 23 March 2021 and, in accordance with s.54, will operate from 30 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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ANNEXURE A-