San Carlo Homes for the Aged Ltd
[2025] FWCA 519
•10 FEBRUARY 2025
| [2025] FWCA 519 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
San Carlo Homes for the Aged Ltd
(AG2024/4674)
SAN CARLO HOMES FOR THE AGED ENTERPRISE AGREEMENT
2024
| Aged care industry | |
| COMMISSIONER WILSON | MELBOURNE, 10 FEBRUARY 2025 |
Application for approval of the San Carlo Homes for the Aged Enterprise Agreement 2024.
An application has been made for approval of an enterprise agreement known as the San Carlo Homes for the Aged Enterprise Agreement2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by San Carlo Homes for the Aged Ltd. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 25 September 2023 and the Agreement was made on 12 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[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, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Health Services Union Victoria No. 1 Branch, trading as the Health Workers Union, 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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 February 2025. The nominal expiry date of the Agreement is 30 June 2028.
COMMISSIONER
Annexure A
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.
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