Eyre Peninsula Old Folks Home Inc

[2019] FWCA 6937

[2019] FWCA 6937

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Eyre Peninsula Old Folks Home Inc

(AG2019/3174)

Eyre Peninsula Old Folks Home Aged Care Sector Employees Enterprise Agreement 2018

Aged care industry
COMMISSIONER PLATT	ADELAIDE, 8 OCTOBER 2019

Application for approval of the Eyre Peninsula Old Folks Home Aged Care Sector Employees Enterprise Agreement 2018.

1. An application has been made for approval of an enterprise agreement known as the Eyre Peninsula Old Folks Home Aged Care Sector Employees Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Eyre Peninsula Old Folks Home Inc. The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 5 September 2019.

1. On 20 September 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

1. The Applicant has submitted an undertaking in the required form dated 3 October 2019. The undertaking deals with the following topics:

·   The cashing out of leave (clause 7.1.5), the entitlement to personal leave (clause 7.4.5(b)) and unpaid carers leave (clause 7.4.8) will be consistent with the National Employment Standards (NES).

·   Shift definitions will be applied consistent with the Aged Care Award 2010, in particular:

Employees working afternoon or night shift will be paid the following percentages in addition to the ordinary rate for such shift. Provided that employees who work less than 38 hours per week will only be entitled to the additional rates where their shift commence prior to 6.00 am or finish subsequent to 6.00 pm.

·  Afternoon shift commencing at 10.00 am and before 1.00 pm -12.5% of the ordinary hourly rate.

·  Afternoon shift commencing at 1.00 pm and before 4.00 pm -12.5%of the ordinary hourly rate.

·  Night shift commencing at 4.00 pm and before 4.00 am -15% of the ordinary hourly rate.

·  Night shift commencing at 4.00 am and before 6.00 am -15% of the ordinary hourly rate.

·   The minimum period of engagement when an employee is recalled to work will be four hours and any reference in clauses 6.8.5 and 6.8.6 of the Agreement to three hours will be replaced with four hours.

·   All employees, including shift workers, will be entitled to a meal allowance when work exceeds one hour and four hours of the usual finishing time which is in lieu of the Agreement provision of two hours.

·   The roster will be provided 2 weeks before the commencement of the roster.

·   Should an employee be interrupted by work duties during a meal break, the employee will be paid at over time rates for the extent of the interruption.

·   The Leading Hand and Tool Allowance in the Aged Care Award 2010 will apply.

·   Clause 22.9 of the Aged Care Award 2010 will apply in relation to sleepovers and in addition where sleepovers are performed, any wages payable will be paid at the base rates under the Agreement.

1. A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. United Voice, 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

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