Naracoorte Home for the Aged Inc T/A Longridge Aged Care

[2019] FWCA 5889

[2019] FWCA 5889

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Naracoorte Home for the Aged Inc T/A Longridge Aged Care
(AG2019/2703)

NARACOORTE HOME FOR THE AGED INC LONGRIDGE AGED CARE SECTOR EMPLOYEES ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER PLATT	ADELAIDE, 23 AUGUST 2019

Application for approval of the Naracoorte Home for the Aged Inc Longridge Aged Care Sector Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Naracoorte Home for the Aged Inc Longridge Aged Care Sector Employees Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Naracoorte Home for the Aged Inc T/A Longridge Aged Care. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 9 August 2019.

[3] On 21 August 2019, 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 the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 22 August 2019. The undertaking deals with the following topics:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  Clause 7.4.5 of the Agreement will operate consistently with the NES.

•  Schedule 3 of the Agreement will be read as including an On-call allowance.

•  The Leading hand allowance, Nauseous work allowance, Sleepover allowance and Tool allowance will be included in the Agreement and applied consistently with the Aged Care Award 2010.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, did not express any view on 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 (ANMF)”, 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 from the date of approval of the Agreement. The nominal expiry date is 30 April 2021.

COMMISSIONER

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