Infinite Aged Care (Gilles Plains) Pty Ltd

[2020] FWCA 6929

[2020] FWCA 6929

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Infinite Aged Care (Gilles Plains) Pty Ltd
(AG2020/3574)

ROSE COURT AGED CARE FACILITY AND ANMF-SA BRANCH NURSING EMPLOYEES ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 21 DECEMBER 2020

Application for approval of the Rose Court Aged Care Facility and ANMF-SA Branch Nursing Employees Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Rose Court Aged Care Facility and ANMF-SA Branch Nursing Employees Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Infinite Aged Care (Gilles Plains) Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 8 December 2020.

[3] On 11 December 2020, 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.

[4] The Applicant has submitted an undertaking in the required form dated 16 December 2020. The undertaking deals with the following topics:

•  Clause 4.9.4(b) (abandonment of employment) is amended to ensure that an employee who abandons their employment is still entitled to notice of termination under the National Employment Standards.

•  In relation to clause 5.8, if an employee is required to use a private vehicle for travel at the direction of the employer, the employee will be reimbursed $0.80 per kilometre.

•  In relation to clause 6.3.2(a), overtime rates for Monday to Saturday will be paid at the rate of 150% for the first two hours and 200% thereafter.

•  If an employee is required to work overtime (beyond one hour of the usual finishing hour), the employee will be supplied with an adequate meal or paid a meal allowance of $13.56, unless the employee could reasonably return home for a meal within the meal break. Where such overtime work exceeds four hours, a further adequate meal or allowance of $12.23 will be paid.

•  In relation to clause 6.3.2(c), time off that may be granted by the employer will be equivalent to the overtime worked by the employee.

•  In relation to clause 6.6, a casual employee required to attend a compulsory meeting outside their ordinary hours will be paid a minimum of two hours of ordinary wages to attend the meeting.

[5] 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 did not oppose 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, 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 after the date of approval of the Agreement. The nominal expiry date is 27 December 2023.

COMMISSIONER

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