Mid Murray Homes for the Aged Inc T/A Aminya Village Hostel

[2021] FWCA 1879

[2021] FWCA 1879

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mid Murray Homes for the Aged Inc T/A Aminya Village Hostel
(AG2021/4377)

AMINYA VILLAGE HOSTEL AGED CARE EMPLOYEES AUSTRALIAN NURSING & MIDWIFERY FEDERATION ENTERPRISE AGREEMENT 2020

Aged care industry
COMMISSIONER PLATT	ADELAIDE, 9 APRIL 2021

Application for approval of the Aminya Village Hostel Aged Care Employees Australian Nursing & Midwifery Federation Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Aminya Village Hostel Aged Care Employees Australian Nursing & Midwifery Federation Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mid Murray Homes for the Aged Inc T/A Aminya Village Hostel (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 1 April 2021.

[3] On 8 April 2021, 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 8 April 2021. The undertaking deals with the following topics:

•  Clause 7.4.5 concerning personal leave will not operate in a manner inconsistent with the National Employment Standards (NES).

•  Despite Clause 6.8 of the Agreement, the penalty rates for casual employees will apply in accordance with the Aged Care Award 2010.

[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 that responded, supported 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 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE511010  PR728417>