Kaloma Home for the Aged Limited
[2023] FWCA 2428
•3 AUGUST 2023
| [2023] FWCA 2428 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Kaloma Home for the Aged Limited
(AG2023/2380)
KALOMA HOME FOR THE AGED SUPPORT STAFF ENTERPRISE AGREEMENT 2023
| Aged care industry | |
| COMMISSIONER CRAWFORD | SYDNEY, 3 AUGUST 2023 |
Application for approval of the Kaloma Home for the Aged Support Staff Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Kaloma Home for the Aged Support Staff Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kaloma Home for the Aged Limited (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the AWU.
The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
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