Multicultural Aged Care Services Inc

[2024] FWCA 4647

[2024] FWCA 4647

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Multicultural Aged Care Services Inc

(AG2024/4522)

MULTICULTURAL AGED CARE SERVICES GEELONG INC ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER TRAN	MELBOURNE, 23 DECEMBER 2024

Application for approval of the Multicultural Aged Care Services Geelong Inc Enterprise Agreement 2024

1. Multicultural Aged Care Services Inc has applied for approval of an enterprise agreement known as Multicultural Aged Care Services Geelong Inc Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009.

1. The Agreement is a single enterprise agreement.

1. I observe that Clause 49 – Compassionate leave is likely to be inconsistent with the National Employment Standards as it is silent in relation to the entitlement when the employee, their spouse or de facto partner has a miscarriage or gives birth to a stillborn child.

1. I note clause 5 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. Clause 15(b)(ii) regarding deductions provides for potential deductions from wages that may not be a permitted deduction in accordance with s 324, particularly with respect to deductions from NES entitlements. So, Clause 15(b)(ii) may be of no effect to the extent that it offends s 326 of the Act.

1. The Employer 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.

1. Noting the undertakings provided, 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 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.

1. The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union Victoria No 1 Branch, trading as the Health Workers Union (HWU) lodged Form F18 statutory declarations giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the ANMF and the HWU.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 30 December 2024.

1. In accordance with clause 3(a) of the Agreement, the nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

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