Good Shepherd Lodge Limited As Trustee For The Good Shepherd Lodge Charitable Trust

[2023] FWCA 2690

[2023] FWCA 2690

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Good Shepherd Lodge Limited As Trustee For The Good Shepherd Lodge Charitable Trust

(AG2023/2669)

GOOD SHEPHERD LODGE LTD - NURSES ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER MIRABELLA	MELBOURNE, 23 AUGUST 2023

Application for approval of the Good Shepherd Lodge Ltd - Nurses Enterprise Agreement 2023.

1. Good Shepherd Lodge Limited As Trustee For The Good Shepherd Lodge Charitable Trust (the Employer) has made an application for approval of an enterprise agreement known as the Good Shepherd Lodge Ltd - Nurses Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act that commenced operation on 6 June 2023.

1. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The Employer advised the Commission on 18 August 2023 that the notification time for the Agreement was 6 February 2023.

1. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. Question 26.2 of the Form F17A provides that the Agreement was made on 26 July 2023.

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

1. The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 23 August 2023 and, in accordance with s.54, will operate from 30 August 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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