Glenview Community Services Inc

[2020] FWCA 3473

[2020] FWCA 3473

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glenview Community Services Inc
(AG2020/1484)

GLENVIEW COMMUNITY SERVICES NURSING ENTERPRISE AGREEMENT 2020

Aged care industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 2 JULY 2020

Application for approval of the Glenview Community Services Nursing Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Glenview Community Services Nursing Enterprise 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 Glenview Community Services Inc. The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Glenview Community Services Inc, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] The Health & Community Services Union, Tasmania Branch (HACSU) raised a concern in relation to the way in which Clause 14.4 of the Agreement may operate. I consider that Clause 7 of the Agreement, which provides that more beneficial entitlements of the National Employment Standards (NES) will apply to the extent of any inconsistency between a clause in the Agreement and the NES, addresses this concern and further, I am satisfied that the operation of Clause 14.4 does not raise an issue that would prevent me from being satisfied in relation to the better off overall test.

[4] Glenview Community Services Inc 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 a substantial change to the Agreement. The undertakings are taken to be terms of the Agreement.

[5] The Australian Nursing and Midwifery Federation, Tasmania Branch (ANMF) and HACSU, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by them, I note that the Agreement covers the ANMF and HACSU.

[6] The Agreement is approved and, in accordance with s.54, will operate from 9 July 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE508423  PR720681>

Annexure A