Scalabrini Village Ltd

[2018] FWCA 6760

[2018] FWCA 6760

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scalabrini Village Ltd
(AG2018/2075)

SCALABRINI VILLAGE LTD, NSWNMA-ANMF NSW BRANCH AND HSU NSW BRANCH ENTERPRISE AGREEMENT 2017-2020

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 NOVEMBER 2018

Application for approval of the Scalabrini Village Ltd, NSWNMA-ANMF NSW Branch and HSU NSW Branch Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Scalabrini Village Ltd, NSWNMA-ANMF NSW Branch and HSU NSW Branch Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Scalabrini Village Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, 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.

[4] I observe the following provision is likely to be inconsistent with the National Employment Standards (NES):

● Clause 11.4(a) – Casual Employees.

However, noting clause 9.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) being a bargaining representatives for the Agreement, have 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE500649  PR701974>

Annexure A