The Queen Victoria Home Inc. T/A Queen Victoria Care
[2022] FWCA 2721
•15 AUGUST 2022
| [2022] FWCA 2721 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Queen Victoria Home Inc. T/A Queen Victoria Care
(AG2022/3040)
Queen Victoria Home Nursing Enterprise Agreement 2021
| Aged care industry | |
| COMMISSIONER O'NEILL | MELBOURNE, 15 AUGUST 2022 |
Application for approval of the Queen Victoria Home Nursing Enterprise Agreement 2021
Queen Victoria Care has applied for approval of an enterprise agreement known as the Queen Victoria Home Nursing Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
Employees were not notified of the voting details by the start of the access period as required by s.180(3) of the Act. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the requirements of s.180(3), and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.
The Agreement lodged contained an error whereby clause 28.6 cross-referenced a subclause that did not exist. On 11 August 2022, the Employer filed an amended page of the Agreement. Pursuant to s.586 of the Act, I am satisfied that the correction should be made and that it is appropriate to do so.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2022. The nominal expiry date of the Agreement is 1 July 2024.
COMMISSIONER
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Annexure A
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