The Salvation Army (Vic) Property Trust for The Salvation Army (SA) Social Work T/A The Salvation Army

[2020] FWCA 1395

[2020] FWCA 1395

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

The Salvation Army (Vic) Property Trust for The Salvation Army (SA) Social Work T/A The Salvation Army

(AG2020/483)

The Salvation Army - Linsell Lodge Nursing Employees (Aged Care) Enterprise Agreement 2019

Health and welfare services
Commissioner Platt	ADELAIDE, 18 MARCH 2020

Application for approval of the The Salvation Army - Linsell Lodge Nursing Employees (Aged Care) Enterprise Agreement 2019.

1. An application has been made for approval of an enterprise agreement known as the The Salvation Army - Linsell Lodge Nursing Employees (Aged Care) Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Salvation Army (Vic) Property Trust for The Salvation Army (SA) Social Work T/A The Salvation Army (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 10 March 2020.

1. On 12 March 2020, 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.

1. The Applicant has submitted an undertaking in the required form dated 13 March 2020. The undertaking deals with the following topics:

·  National Employment Standards (NES)

·     The references to clause 30A in Clause 6.8 are not applicable.

·     Clause 7.2 (Personal Leave (sick leave and carer’s leave)) will operate in a way that does not result in employees being disadvantaged compared to the NES.

·  Senior staff as detailed in clause 6.1.8 (Directors of Nursing, Assistant Directors of Nursing and Principal Nurse Educators), but not described in the classification structure) are not covered by the Agreement.

·  Clause 6.2.2 (Penalty rates) will apply in the same manner as the Nurses Award 2010.

·  Clause 6.6.2 (TOIL) will be applied at the equivalent overtime rate and will apply in a manner consistent with the Nurses Award 2010.

1. 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.

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. The Australian Nursing and Midwifery Federation (SA Branch), 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 after the date of approval of the Agreement. The nominal expiry date is 31 July 2021.

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