Narrative Health Services Pty Ltd ATF Jess Family Trust T/A Back In Motion Hampstead Gardens

[2020] FWCA 4364

[2020] FWCA 4364

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Narrative Health Services Pty Ltd ATF Jess Family Trust T/A Back In Motion Hampstead Gardens
(AG2020/2167)

BACK IN MOTION HEALTH GROUP HAMPSTEAD GARDENS ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 19 AUGUST 2020

Application for approval of the Back In Motion Health Group Hampstead Gardens Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Back In Motion Health Group Hampstead Gardens Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Narrative Health Services Pty Ltd ATF Jess Family Trust T/A Back In Motion Hampstead Gardens (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 6 August 2020.

[3] On 11 August 2020, 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 14 August 2020. The undertaking deals with the following topics:

•  The definition of a shiftworker has been inserted and will be for the purposes of the National Employment Standards (NES). A shiftworker is an employee who is regularly rostered to work Sundays and public holidays.

•  Deductions made under Clause 26.1. (c) (Provision of Uniforms) will only be made in accordance with s. 324 of the Act.

•  Casuals minimum period of engagement will be 3 hours.

•  In regard to wage-related allowances, it is confirmed that:

•  Employees will not be required to work in temperatures exceeding 46 degrees Celsius.

•  Employees will not be required to handle linen of a nauseous nature; and/or perform work which is of an unusually dirty or offensive nature having regard to the duty normally performed by such employee.

•  Employees will not be required to perform interpreting.

•  Employees will not be on-call.

•  The Employer confirms that:

•  Special clothing (such as gowns) or personal protective equipment will be provided by the employer.

•  If the Employee suffers any damage to or soiling of clothing or other personal effects (excluding female hosiery), during employment at no fault of their own, the Employer will be liable for the replacement, repair or the cleaning of the clothing or personal effects provided immediate notification is given of the damage or soiling. If the damage or soiling is caused by the negligence, then the Employer will not be liable. All other matters relating to uniforms and clothing will be in accordance with Clause 26 (Uniforms).

•  When an Employee is required by the Employer to work after the usual finishing hour of work beyond one hour or, in the case of shiftworker, when the overtime work on any shift exceeds one hour, an Employee will be supplied with an adequate meal.

•  Employees that are required to use their own motor vehicle in the performance of their duties will be reimbursed in accordance with Clause 13.1 (Travel Allowances).

•  Employees that are required to travel for work will be reimbursed reasonably incurred expenses in respect to fares, meals and accommodation production of receipts or other reasonable evidence, if appropriate transport is not provided.

•  Deduction for board and lodging allowance is not applicable under the Agreement.

•  The Employer will supply and maintain all tools as necessary.

•  Blood check and Telephone allowance is not applicable under the Agreement.

•  An Employee who is suspended from employment under Clause 32.4 (b) (serious misconduct and summary dismissal) will be suspended with pay.

•  The reference to “money” in clause 32.6. (Withholding money due to an Employee) means wages. Upon termination of employment, any amount withheld from an Employee will be done in accordance with clause 36.1 (d) – (f) of the Health Professionals and Support Services Award 2020.

[5] In so far as Award related allowances are applicable and not contained within the Agreement, I am satisfied (taking into account the over award wage component) that the Agreement meets the Better Off Overall Test(BOOT).

[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] 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.

[8] 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 18 August 2024.

COMMISSIONER

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