HOPE AGED CARE SERVICES PTY LTD T/A Hope Aged Care
[2023] FWCA 313
•1 FEBRUARY 2023
| [2023] FWCA 313 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
HOPE AGED CARE SERVICES PTY LTD T/A Hope Aged Care
(AG2022/5497)
HOPE AGED CARE GROUP, ANMF AND HSU ENTERPRISE AGREEMENT 2022
| Aged care industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 1 FEBRUARY 2023 |
Application for approval of the Hope Aged Care Group, ANMF and HSU Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Hope Aged Care Group, ANMF and HSU Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HOPE AGED CARE SERVICES PTY LTD T/A Hope Aged Care. The Agreement is a single enterprise agreement.
The Employer 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 substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
I note that clause 37.2(b) may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Australian Nursing and Midwifery Federation and the Health Services Union 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) I note that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2023. The nominal expiry date of the Agreement is 31 July 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE519048 PR750121>
Annexure A
0
0
0