Hahndorf Holdings Pty Ltd T/A Hahndorf Residential Care Services

[2019] FWCA 3309

[2019] FWCA 3309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hahndorf Holdings Pty Ltd T/A Hahndorf Residential Care Services
(AG2019/150)

INFINITE AGED CARE - SA AND AUSTRALIAN NURSING AND MIDWIFERY FEDERATION - ANMF-SA NURSING EMPLOYEES ENTERPRISE AGREEMENT 2018.

Aged care industry
COMMISSIONER PLATT	ADELAIDE, 16 MAY 2019

Application for approval of the Infinite Aged Care – SA and Australian Nursing and Midwifery Federation – ANMF- SA Nursing Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Infinite Aged Care – SA and Australian Nursing and Midwifery Federation – ANMF- SA Nursing Employees Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Hahndorf Holdings Pty Ltd T/A Hahndorf Residential Care Services. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 2 April 2019.

[3] On 15 April and 15 May 2019, I conducted conferences with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 9 May 2019. The undertaking deals with the following topics:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  The definition of a shift worker will be for the purposes of the NES.

•  Additional provisions concerning Time off in lieu (TOIL) have been inserted into clause 6.3.2(c) of the Agreement.

•  Clause 7.10.3 of the Agreement shall no longer apply.

•  A reconciliation process for registered nurse classifications 4 and 5 who work Saturday or Sunday shifts has been inserted, as well as a provision that confirms that such periods will accrue annual leave at the rate of six weeks per annum.

•  The rates of pay for casual employees who work on Saturday or Sunday have been increased.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] 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.

[7] The “Australian Nursing and Midwifery Federation (ANMF)” 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.

[8] 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.

[9] 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 23 May 2022.

COMMISSIONER

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