Stretton Park Incorporated T/A Stretton Park Aged Care
[2024] FWCA 4586
•19 DECEMBER 2024
| [2024] FWCA 4586 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Stretton Park Incorporated T/A Stretton Park Aged Care
(AG2024/4237)
STRETTON PARK NURSES AND HEALTH AND ALLIED EMPLOYEES ENTERPRISE AGREEMENT 2023
| Aged care industry | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 19 DECEMBER 2024 |
Application for approval of the Stretton Park Nurses and Health and Allied Employees Enterprise Agreement 2023
Stretton Park Incorporated T/A Stretton Park Aged Care has applied for approval of an enterprise agreement known as the Stretton Park Nurses and Health and Allied Employees Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
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. The undertakings are taken to be a term of the agreement.
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 Australian Nursing and Midwifery Federation and the Health Services Union 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) I note that the Agreement covers the organisations.
I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):
· Clause 29(b)(ii)
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 the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2024. The nominal expiry date of the Agreement is 1 July 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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