RSL Care SA Incorporated

[2019] FWCA 6995

[2019] FWCA 6995

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RSL Care SA Incorporated
(AG2019/3351)

THE RSL CARE SA NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 9 OCTOBER 2019

Application for approval of The RSL Care SA Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as The RSL Care SA Nurses Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by RSL Care SA Incorporated. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 19 September 2019.

[3] On 2 October 2019, 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 Applicant has submitted an undertaking in the required form dated 8 October 2019. The undertaking deals with the following topics:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  Time accumulated in lieu of payment for overtime worked, clause 23.2.3, will be paid out at the overtime rate at the request of the employee and on termination of employment.

•  A RN Level 4 employee who is not a manager and/or director who is required to work in any given week less than 11.25 hours between Monday and Friday (inclusive) and a Saturday and/or Sunday will receive the following rates of pay for work performed on Saturday and/or Sunday:

•  Year 1 Saturday $56.67 per hour, Sunday $66.11 per hour.

•  Year 2 Saturday $60.72 per hour, Sunday $70.84 per hour.

•  Year 3 Saturday $64.26 per hour, Sunday $74.97 per hour.

•  A RN Level 5 who is not a manager and/or director who is required to work in any given week less than 6.4 hours between Monday and Friday (inclusive) and a Saturday and/or Sunday will received the following rates of pay for work performed on Saturday and/or Sunday:

•  Year 1 Saturday $57.18 per hour, Sunday $66.71 per hour.

•  Year 2 Saturday $60.21 per hour, Sunday $70.24 per hour.

•  Year 3 Saturday $64.27 per hour, Sunday $74.97 per hour.

•  Year 4 Saturday $68.27 per hour, Sunday $79.64 per hour.

•  Year 5 Saturday $75.29 per hour, Sunday $87.83 per hour.

•  Year 6 Saturday $82.37 per hour, Sunday $96.09 per hour.

[5] 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.

[6] 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.

[7] The Australian Nursing and Midwifery Federation ANMF, 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.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

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