Nazareth Care

[2019] FWCA 334

[2019] FWCA 334

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nazareth Care
(AG2018/3747)

NAZARETH CARE, ANMF AND HSU ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER GREGORY	MELBOURNE, 21 JANUARY 2019

Application for approval of the Nazareth Care, ANMF and HSU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Nazareth Care, ANMF and HSU Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nazareth Care. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 22.8(d) – Casual Employment – excludes casual employees from annual leave entitlements and clause 22.6 allows a casual employee to be rostered on a regular and systematic basis;
• Clause 49.1 – Access to Paid Personal Leave – provides for leave in hours rather than days.

However, noting clause 5.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2019. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

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Annexure A