RM Begg Kyneton Aged Care Inc T/A RM Begg Kyneton Aged Care

[2020] FWCA 3026

[2020] FWCA 3026

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RM Begg Kyneton Aged Care Inc T/A RM Begg Kyneton Aged Care
(AG2020/1325)

RM BEGG KYNETON AGED CARE FACILITY, ENTERPRISE AGREEMENT 2019

Hospitality industry
COMMISSIONER YILMAZ	MELBOURNE, 10 JUNE 2020

Application for approval of the RM Begg Kyneton Aged Care Facility, Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RM Begg Kyneton Aged Care Facility, Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RM Begg Kyneton Aged Care Inc T/A RM Begg Kyneton Aged Care. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement lodged contained referencing errors at clause 64. On 5 June 2020, the Applicant’s representative filed an amended version of the Agreement correcting these errors. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[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 and the Health Services Union of Australia 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 17 June 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

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