St Vincent’s Care Services Ltd
[2024] FWCA 1046
•25 MARCH 2024
| [2024] FWCA 1046 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
St Vincent’s Care Services Ltd
(AG2023/5504)
ST VINCENT’S CARE SERVICES NSW ENTERPRISE AGREEMENT 2023 - 2026
| Aged care industry | |
| COMMISSIONER MATHESON | SYDNEY, 25 MARCH 2024 |
Application for approval of the St Vincent’s Care Services NSW Enterprise Agreement 2023 - 2026
An application has been made for approval of an enterprise agreement known as the St Vincent’s Care Services NSW Enterprise Agreement 2023 – 2026 (Agreement). The application was made by St Vincent’s Care Services Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.
The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a)cause financial detriment to any employee covered by the Agreement; or
(b)result in substantial changes to the Agreement.
Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.
The Health Services Union and Australian Nursing and Midwifery Federation, 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 the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2024. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
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Annexure A
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