Croatian, Ukrainian And Belarusian Aged Care Association Inc t/a St Anna’s Residential Care Facility

[2021] FWCA 6273

[2021] FWCA 6273

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Croatian, Ukrainian And Belarusian Aged Care Association Inc t/a St Anna’s Residential Care Facility
(AG2021/7559)

ST ANNA’S RESIDENTIAL CARE FACILITY AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2021

Aged care industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 14 OCTOBER 2021

Application for approval of an enterprise agreement.

[1] An application has been made for approval of a single enterprise agreement known as the St Anna’s Residential Care Facility Aged Care Employees Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and whether the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative supported the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] Noting clause 2.6 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 14 October 2021 and, in accordance with s.54, will operate from 21 October 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A