SSJG Ministries Inc.

[2024] FWCA 3855

[2024] FWCA 3855

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

SSJG Ministries Inc.

(AG2024/3773)

SSJG MINISTRIES INC. ENROLLED NURSE, CARER AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER PLATT	ADELAIDE, 4 NOVEMBER 2024

Application for approval of the SSJG Ministries Inc. Enrolled Nurse, Carer and Support Services Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the SSJG Ministries Inc. Enrolled Nurse, Carer and Support Services Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by SSJG Ministries Inc. (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 18 October 2024.

1. On 23 October 2024, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

1. The Applicant has submitted an undertaking in the required form dated 31 October 2024. The undertaking deals with the following topics:

·  In addition to Clause 32.1(a) the following is inserted:

“Eligibility for compassionate leave also includes circumstances of the stillbirth of a child of the employee or a member of the employee’s immediate family or household or after the employee or employee’s spouse or de facto partner has a miscarriage.”

·  In addition to Clause 9.2(b) the following is inserted:

“This includes monies due but not paid in relation to outstanding worked hours, penalty or overtime payments or pro-rata leave entitlements to the extent of the calculation of any shortfall in notice due.”

·  Clause 10 is replaced with the following:

“10.   Part-time Employee

10.1“Part-time employee” means an employee who regularly works less than an average of 38 ordinary hours per week.

10.2A part-time employee shall receive payment for wages, annual leave, long service leave and personal leave in the same ratio as the ordinary hours relate to full-time employees.

10.3Before commencing employment, the employer and employee will agree in writing on:

(a)the shifts the employee may be rostered to work, including their start and finish times;

(b)the days of the week the employee may be rostered to work within a fortnight; and

(c)the agreed minimum number of contracted hours to be worked per fortnight.

10.4Upon employment, Clause 14 – Rosters will apply in terms of the provision of advice of the actual work requirements for the employee each fortnight.

10.5The terms of the agreement in sub-clause 10.3 may be varied by agreement and recorded in writing (which may include electronic means). Agreement for variations may be for an ongoing or temporary basis or be for a single or multiple shifts.”

·  Clause 10 is replaced with the following:

“A casual employee will be paid only for those public holidays they work at 275% of the ordinary hourly rate for hours worked (i.e. excluding casual loading), except that work on Easter Sunday shall be paid at 300%.”

·In addition to Clause 6.12(A) the following is inserted:

“Day Shift means any shift worked between 6.00 am and 6.00 pm Monday to Friday.”

·In addition to Clause 12.3(a) the following is inserted:

“Provided that a full-time employee who works in excess of 8 hours on a day shift shall be entitled to overtime”.

·In addition to Clause 12.3(b) the following is inserted:

“Provided that the minimum shift length for a full-time employee is four hours.”

·  Clause 17.5(c) is replaced with the following:

“Notwithstanding the provisions of this Agreement, the minimum ordinary rate for an apprentice, 21 years or older shall be 80% of the relevant classification of employment listed in Schedule A of this Agreement.”

·  No trainees will be employed under the Agreement.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The United Workers’ Union and Australian Nursing and Midwifery Federation – Western Australian Branch 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) of the Act I note that the Agreement covers these organisations.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2027.

COMMISSIONER

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