Tandara Community Care Inc T/A Tandara Community Care Inc
[2024] FWCA 2463
•3 JULY 2024
| [2024] FWCA 2463 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Tandara Community Care Inc T/A Tandara Community Care Inc
(AG2024/2071)
THE TANDARA LODGE COMMUNITY CARE INC. NURSING ENTERPRISE AGREEMENT 2024
| Aged care industry | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 3 JULY 2024 |
Application for approval of The Tandara Lodge Community Care Inc. Nursing Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as The Tandara Lodge Community Care Inc. Nursing Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Tandara Lodge Community Care Inc T/A Tandara Lodge Community Care Inc (Employer). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached at 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 requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Nursing and Midwifery Federation and Health Services Union being bargaining representatives for the Agreement support the approval of the Agreement and have each 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 the organisations.
The Agreement is approved and, in accordance with s 54 of the Act will operate from 10 July 2024. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525288 PR776664>
Annexure A
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