St Paul’s Hostel for the Elderly

[2018] FWCA 6457

[2018] FWCA 6457

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Paul’s Hostel for the Elderly
(AG2018/1948)

ST PAUL’S HOSTEL NURSES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 18 OCTOBER 2018

Application for approval of the Application for approval of the St Paul’s Hostel Nurses Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the St Paul’s Hostel Nurses Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Paul’s Hostel for the Elderly. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] I note that Clauses 22 and 24 of the Agreement express the accrual of Annual Leave and Personal/Carer’s Leave (respectively) to which an employee is entitled in hours, which is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at Clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standard will prevail.

[6] The Agreement was approved on 18 October 2018 and, in accordance with s.54, will operate from 25 October 2018. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

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Annexure A