Respect Group Limited t/a Respect Aged Care

[2020] FWCA 6996

[2020] FWCA 6996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Respect Group Limited t/a Respect Aged Care
(AG2020/3429)

RESPECT GROUP LIMITED ENTERPRISE AGREEMENT 2020

Aged care industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 23 DECEMBER 2020

Application for approval of the Respect Group Limited Enterprise Agreement 2020.

[1] Respect Group Limited t/a Respect Aged Care has applied for approval of a single enterprise agreement known as the Respect Group Limited Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives supported the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Health Services Union and the Australian Nursing & Midwifery Federation, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[7] The Agreement was approved on 23 December 2020 and, in accordance with s.54, will operate from 30 December 2020. The nominal expiry date of the Agreement is 31 August 2022.

DEPUTY PRESIDENT

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Annexure A