Star Health Group Limited T/A Inner South Community Health Service Limited

[2019] FWCA 1668

[2019] FWCA 1668

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Star Health Group Limited T/A Inner South Community Health Service Limited

(AG2018/5361)

Star Health Group Limited Mental Health Services Enterprise Agreement 2016-2020

Health and welfare services
Commissioner Platt	ADELAIDE, 21 MARCH 2019

Application for approval of the Star Health Group Limited Mental Health Services Enterprise Agreement 2016-2020.

1. An application has been made for approval of an enterprise agreement known as the Star Health Group Limited Mental Health Services Enterprise Agreement 2016-2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Star Health Group Limited T/A Inner South Community Health Service Limited. The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 6 February 2019.

1. On 20 February 2019, 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 the provision of an undertaking.

1. The Applicant has submitted an undertaking in the required form dated 12 March 2019. The undertaking deals with the following topics:

·   For the purposes of clause 42 of the Agreement, the annual leave entitlements of shift workers and non-shift worker employees will be consistent with the National Employment Standards (NES).

·   For the purposes of clause 74 of the Agreement, personal leave entitlements will be consistent with the NES.

·   For the purposes of clause 68 of the Agreement, where an employee is terminated, any time off in lieu (TOIL) owing to the employee will be paid out to that employee at the rate of time and a half for the first two hours and double time thereafter.

·   Casual employees who work over 15 hours in a week will also receive overtime in accordance with clause 68 of the Agreement.

·    Clause 40 of the Agreement will operate consistently with Part 3-4 – Right of Entry provisions of the Fair Work Act 2009 (Cth) and Part 8 – Authorised Representatives of Registered Employee Organisations provisions of the Occupational Health & Safety Act 2004 (VIC).

·   The definition of a shift worker will be consistent with the NES.

·    For the purposes of clause 73.1(b) of the Agreement, a full time Nurse who works shifts in excess of 4 hours on a Saturday and/or a Sunday, as part of their ordinary hours, will accrue additional annual leave at the rate of 0.5 times the number of ordinary hours workers on any weekend day, up to a maximum of 38 hours additional leave in any 12 month period.

·   The Applicant has inserted a NES precedence clause.

·   Clause 32.3(c) of the Agreement shall no longer apply.

1. A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express a 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. As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

1. The “Australian Nursing and Midwifery Federation (ANMF)”, 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) of the Act I note that the Agreement covers this organisation.

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 from the date of approval of the Agreement. The nominal expiry date is 30 June 2020.

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