Para Hills Residential Care

[2020] FWCA 2718

[2020] FWCA 2718

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Para Hills Residential Care
(AG2020/1270)

PARA HILLS RESIDENTIAL CARE NURSING EMPLOYEES (AGED CARE) & ANMF ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 25 MAY 2020

Application for approval of the Para Hills Residential Care Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Para Hills Residential Care Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Para Hills Residential Care (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 15 May 2020.

[3] On 21 May 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 signature on the form F17 employer statutory declaration provided by the Applicant was not properly witnessed. In accordance with rule 6 of the Fair Work Commission Rules 2013 (the Rules), and with the Statement issued by the Fair Work Commission on 31 March 2020 relating to the COVID-19 response, I consider it appropriate to dispense with the Rules and accept the signed declaration.

[5] The Applicant has submitted an undertaking in the required form dated 21 May 2020. The undertaking deals with the following topics:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause and, as such, in relation to clause 7.4.4 an employee must as soon as reasonably practicable inform the employer of their inability to attend for duty and in relation to clause 7.4.5(c), when taking leave to care for a member of immediate family or household, the employee must, if required by the employer, establish by production of a medical certificate, statutory declaration or other documentation that would satisfy a reasonable person, the illness/injury or emergency of the person concerned.

•  The Agreement is read and interpreted in conjunction with the Nurses Award 2010 and where there is an inconsistency, the Agreement provision will apply to the extent of the inconsistency.

•  In relation to clause 5.6.2, wage increases will be in line with Schedule 1, being that the wages as at 1 July 2019 apply as at test time.

[6] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[7] 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.

[8] The Australian Nursing and Midwifery Federation, 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.

[9] 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.

[10] 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 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE508123  PR719617>