Rural Care Australia Ltd T/A Chaffey Aged Care
[2023] FWCA 654
•28 FEBRUARY 2023
| [2023] FWCA 654 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Rural Care Australia Ltd T/A Chaffey Aged Care
(AG2023/192)
Chaffey Aged Care Enterprise Agreement 2022-2024
| Aged care industry | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 28 FEBRUARY 2023 |
Application for approval of the Chaffey Aged Care Enterprise Agreement 2022-2024
An application has been made for approval of an enterprise agreement known as the Chaffey Aged Care Enterprise Agreement 2022-2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Rural Care Australia Ltd T/A Chaffey Aged Care (Employer). The Agreement is a single enterprise agreement.
The Notice of Employee Representational Rights (NERR) issued by the Employer was expressed to cover “employees that are described within the classifications Schedule.” Employees were provided the NERR on 12 August 2022 but did not receive a copy of the proposed agreement until 6 January 2023. As such, some employees may not have understood that they were covered by the Agreement at the time of receiving the NERR. However, having regard to the application and accompanying material, I am satisfied that this constitutes a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I consider that the Agreement has been genuinely agreed to within the meaning of s 188(2) of the Act.[1]
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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, and the material before the Commission, 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.
Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.
The Australian Nursing and Midwifery Federation and the Health Services Union, being bargaining representatives for the Agreement, have each 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.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 7 March 2023. The nominal expiry date of the Agreement is 30 November 2024.
DEPUTY PRESIDENT
ANNEXURE A
[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318
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