Russian Benevolent Association for Homes for the Aged T/A Pine Lodge Home for the Aged

[2019] FWCA 6377

[2019] FWCA 6377

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Russian Benevolent Association for Homes for the Aged T/A Pine Lodge Home for the Aged
(AG2019/3134)

PINE LODGE SUPPORT STAFF ENTERPRISE AGREEMENT 2019

Aged care industry
COMMISSIONER WILSON	MELBOURNE, 12 SEPTEMBER 2019

Application for approval of the Pine Lodge Support Staff Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Pine Lodge Support Staff 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 Russian Benevolent Association for Homes for the Aged T/A Pine Lodge Home for the Aged. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement lodged contained two errors at clauses 21.1(b)(iii) and 10.3(g). On 12 September 2019, the Applicant filed a request to have the Agreement corrected pursuant to s.586 of the Act as follows:

Clause 21.1(b)(iii) should read:

(iii) For a part-time employee, all time worked in excess of their rostered hours on any one day (unless an agreement has been entered into under clause 10.3(f)), will be overtime and paid at the rates prescribed by clause 21.1(b)(i).

Clause 10.3(g) should read:

(g) Subject to clause 10.3(d) and clause 10.3(f) a part-time employee who works more than 8 hours on any one day or more than 76 hours in any fortnight shall be paid overtime in accordance with clause 21.

[4] I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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