Edgarley Home Inc T/A Edgarley Assisted Living

[2024] FWCA 3515

[2024] FWCA 3515

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Edgarley Home Inc T/A Edgarley Assisted Living

(AG2024/3195)

EDGARLEY HOME INC – AGED CARE VICTORIA ENTERPRISE AGREEMENT 2023-2026

Aged care industry
COMMISSIONER TRAN	MELBOURNE, 4 OCTOBER 2024

Application for approval of the Edgarley Home Enterprise Agreement 2023-2025

1. Edgarley Home Inc T/A Edgarley Assisted Living (the Applicant) has applied for approval of an enterprise agreement known as the Edgarley Home Enterprise Agreement 2023-2025 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

1. The Agreement is a single enterprise agreement.

1. The Applicant has provided written 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. Noting the undertakings provided and clause 4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving 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 the Agreement covers the ANMF and the HSU.

1. The Agreement is approved and will operate in accordance with s 54 of the Act.

1. In accordance with Clause 5.1, the nominal expiry date of the Agreement is 30 November 2026.

COMMISSIONER

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APPENDIX A