St Paul de Chartres Residential Aged Care

[2020] FWCA 1505

[2020] FWCA 1505

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Paul de Chartres Residential Aged Care
(AG2020/232)

ST PAUL DE CHARTRES SUPPORT STAFF ENTERPRISE AGREEMENT 2019

Aged care industry
COMMISSIONER BOOTH	BRISBANE, 20 MARCH 2020

Application for approval of the St Paul de Chartres Support Staff Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by St Paul de Chartres Residential Aged Care (the Applicant) for approval of the St Paul de Chartres Support Staff Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and the employee bargaining representatives on 25 February 2020, raising concerns in relation to the Agreement.

[3] The Applicant provided signed undertakings on 5 March 2020 to address the concerns raised.

[4] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are taken to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] Notwithstanding the undertakings provided addressing concerns raised in relation to the National Employment Standards, I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 32 – public holidays;

•  Clause 11 – notice of termination;

•  Clause 36 – family and domestic violence leave.

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

[7] Subject to the undertakings provided and the matter raised at paragraph [5] – [6], 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.

[8] The Agreement is approved and, in accordance with clause 2 of the Agreement and s.54 of the Act, will operate 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE507499  PR717673>

Attachment A.