Seymour Elderly Citizens Hostel Inc. T/A Karingal Seymour
[2024] FWCA 2200
•14 JUNE 2024
| [2024] FWCA 2200 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Seymour Elderly Citizens Hostel Inc. T/A Karingal Seymour
(AG2024/1686)
SEYMOUR ELDERLY CITIZENS HOSTEL INC (TRADING AS KARINGAL SEYMOUR), ANMF AND HWU ENTERPRISE AGREEMENT 2024
| Aged care industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 14 JUNE 2024 |
Application for approval of the Seymour Elderly Citizens Hostel Inc (Trading as Karingal Seymour), ANMF and HWU Enterprise Agreement 2024.
An application has been made for approval of an enterprise agreement known as the Seymour Elderly Citizens Hostel Inc (Trading as Karingal Seymour), ANMF and HWU Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Seymour Elderly Citizens Hostel Inc. T/A Karingal Seymour. The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 22 August 2023 and the Agreement was made on 6 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
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 and 190 as are relevant to this application for approval have been met.
I note that Clause 56 may be inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 6.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Australian Nursing and Midwifery Federation and the Health Services Union being 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 these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2024. The nominal expiry date of the Agreement is 1 January 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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