The Catholic Diocese of Port Pirie Inc Star of The Sea Home for The Aged T/A Star of The Sea Home for The Aged

[2021] FWCA 4975

[2021] FWCA 4975

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Catholic Diocese of Port Pirie Inc Star of The Sea Home for The Aged T/A Star of The Sea Home for The Aged
(AG2021/6456)

STAR OF THE SEA HOME FOR THE AGED - AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2020

Aged care industry
COMMISSIONER PLATT	ADELAIDE, 12 AUGUST 2021

Application for approval of the Star of the Sea Home for the Aged - Aged Care Employees Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Star of the Sea Home for the Aged - Aged Care Employees Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Catholic Diocese of Port Pirie Inc Star of the Sea Home for The Aged T/A Star of the Sea Home for the Aged (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 3 August 2021.

[3] On 6 August 2021, 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 through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 11 August 2021. The undertaking deals with the following topics:

•  Employees who work outside the maximum 12-hour span for ordinary hours will be paid at the rate of double time.

•  There will be at least a 10-hour break between consecutive rostered broken shifts.

•  All Award allowances provided in the Agreement will be increased in line with current Award rates as at test time, and such Award allowances will be increased in line with the relevant Award on or after 1 July each year of the Agreement.

•  For the life of the Agreement, employees who would otherwise be covered by the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award) will not be required to participate in the on-call roster, nor will they be required to have meals with a client.

•  For the life of the Agreement, employees who would otherwise be covered by the SCHADS Award will progress through pay points in line with clauses 13.3(a)-(b) of the SCHADS Award.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded supported the undertaking.

[6] 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.

[7] The Australian Nursing and Midwifery Federation (ANMF) and the United Workers’ Union (UWU), 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 these organisations.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2023.

COMMISSIONER

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