Respect Group Limited T/A Respect Aged Care

[2019] FWCA 4507

[2019] FWCA 4507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Respect Group Limited T/A Respect Aged Care
(AG2018/6283)

RESPECT GROUP LIMITED, ANMF AND HSU ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER YILMAZ	MELBOURNE, 28 JUNE 2019

Application for approval of the Respect Group Limited, ANMF and HSU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Respect Group Limited, 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 Respect Group Limited T/A Respect Aged 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 are relevant to this application for approval and have been met.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.1 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 Australian Nursing and Midwifery Federation (ANMF) and Health Services Union of Australia (HSU) 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, will operate from 5 July 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

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<AE504190  PR709817>

Annexure A