Vasey RSL Care Ltd T/A Vasey RSL Care Limited

[2019] FWCA 4210

[2019] FWCA 4210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vasey RSL Care Ltd T/A Vasey RSL Care Limited
(AG2019/624)

VASEY RSL CARE LTD NURSES ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 26 JUNE 2019

Agreement 2018 Application for approval of the Vasey RSL Care Ltd Nurses Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Vasey RSL Care Ltd Nurses Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Vasey RSL Care Ltd T/A Vasey RSL Care Limited (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings, 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES). However, noting Clause 7 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:

•  Clause 24(c) of the Agreement, which expresses the entitlement to personal/carer’s leave in hours; and

•  Clause 24(e)(v) of the Agreement, which states that in normal circumstances, an employee must not take carer’s leave where another person has taken leave to care for the same person.

[5] The Australian Nursing and Midwifery Federation, and Health Services Union of Australia, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2019. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE503977  PR709450>

Annexure A