St Luke’s Care T/A St Luke’s Homecare

[2021] FWCA 2056

[2021] FWCA 2056

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Luke’s Care T/A St Luke’s Homecare
(AG2021/4237)

ST LUKE’S CARE TRADING AS ST LUKE’S HOMECARE (HOMECARE EMPLOYEES), NSWNMA/ANMF NSW BRANCH AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020-2023

Health and welfare services
DEPUTY PRESIDENT BOYCE	SYDNEY, 15 APRIL 2021

Application for approval of the St Luke’s Care trading as St Luke’s Homecare (Homecare Employees), NSWNMA/ANMF NSW Branch and United Workers Union Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement to be known as the St Luke’s Care trading as St Luke’s Homecare (Homecare Employees), NSWNMA/ANMF NSW Branch and United Workers Union Enterprise Agreement 2020-2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by St Luke’s Care T/A St Luke’s Homecare (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 8 April 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Social, Community, Home Care and Disability Services Industry Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] The following employee organisations (both of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

United Workers’ Union (UWU); and

Australian Nursing and Midwifery Federation New South Wales Branch (ANMF NSW Branch)

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

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

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE511098  PR728642>

Annexure A