RSL Care SA Incorporated

[2024] FWCA 404

[2024] FWCA 404

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

RSL Care SA Incorporated

(AG2023/5484)

RSL CARE SA NURSES ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER PLATT	ADELAIDE, 30 JANUARY 2024

Application for approval of the RSL Care SA Nurses Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the RSL Care SA Nurses Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by RSL Care SA Incorporated (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 18 January 2024.

1. On 25 January 2024, 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.

1. In respect of the Notice of Employee Representational Rights (NERR) deficiency, it appears a pre-reform version of the NERR was provided to employees.  I am satisfied taking into consideration s.188(5) of the Act, that the procedural or technical error is minor and that the employees were not likely to have been disadvantaged, and accordingly, that there has been a genuine agreement.

1. The Applicant has submitted an undertaking in the required form dated 29 January 2024. The undertaking deals with the following topics:

·  Clause 19 will be read in conjunction with the following provision:

“An employee who is not regularly rostered to work afternoon shift and/or night shift will be subject to a span of ordinary hours between 6.00 am and 6.00 pm Monday to Friday.”

·  Despite Clause 19.5, a minimum engagement of 3 hours will apply to casual employees for any internal meeting.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

1. 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.

1. 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.

1. 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.

1. 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 2026.

COMMISSIONER

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