MiCare Ltd T/A MiCare
[2022] FWCA 2433
•25 JULY 2022
| [2022] FWCA 2433 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
MiCare Ltd T/A MiCare
(AG2022/2142)
MiCare, Residential Aged Care and CommunityServices Enterprise Agreement 2019
| Aged care industry | |
| COMMISSIONER O'NEILL | MELBOURNE, 25 JULY 2022 |
Application for approval of the MiCare, Residential Aged Care and Community Services Enterprise Agreement 2019
MiCare Ltd has applied for approval of an enterprise agreement known as the MiCare, Residential Aged Care and Community Services Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and 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.
The Australian Nursing and Midwifery Federation, the Australian Municipal, Administrative, Clerical and Services Union, 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 the organisations.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 16 – Personal/Carer’s Leave; and
· Clause 17 – Compassionate Leave.
However, noting clause 4.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2022. The nominal expiry date of the Agreement is 31 July 2024.
COMMISSIONER
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Annexure A
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