Nazareth Care

[2020] FWCA 6462

[2020] FWCA 6462

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nazareth Care
(AG2020/3461)

NAZARETH CARE (TAMWORTH) AND HSU ENTERPRISE AGREEMENT 2020

Aged care industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 DECEMBER 2020

Application for approval of the Nazareth Care (Tamworth) and HSU Enterprise Agreement 2020

[1] Armest Pty Ltd, as a bargaining representative for Nazareth Care, has made an application for approval of an enterprise agreement known as the Nazareth Care (Tamworth) and HSU Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Health Services Union of Australia (HSU) filed an F18 statutory declaration stating that it supported the approval of the Agreement subject to the Commission’s consideration of certain terms of the Agreement, which it said were less favourable to employees vis-à-vis the Aged Care Award 2010 (Award). I have had regard to these terms and am satisfied that each Award covered employee, and each prospective Award covered employee, for the Agreement would be better off overall if the Agreement applied to the employee than if the Award applied to the employee.

[3] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[4] The HSU, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 11 December 2020 and, in accordance with s 54, will operate from 18 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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