Infinite Aged Care (Kilburn) Pty Ltd T/A The Churchill Retreat

[2020] FWCA 6932

[2020] FWCA 6932

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Infinite Aged Care (Kilburn) Pty Ltd T/A The Churchill Retreat
(AG2020/3576)

CHURCHILL RETREAT 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 Churchill Retreat 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 Churchill Retreat 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 (Kilburn) Pty Ltd T/A The Churchill Retreat (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 4.9.5(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.

•  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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