Violet Town Bush Nursing Centre Inc t/a Bentley’s Aged Care

[2019] FWCA 8228

[2019] FWCA 8228

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Violet Town Bush Nursing Centre Inc t/a Bentley’s Aged Care
(AG2019/4013)

BENTLEYS AGED CARE ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 4 DECEMBER 2019

Application for approval of the Bentleys Aged Care Enterprise Agreement 2019.

[1] Violet Town Bush Nursing Centre Inc t/a Bentley’s Aged Care has applied for approval of a single enterprise agreement known as the Bentleys Aged Care Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement contravenes s.55 of the Act and passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] On the basis of the material contained in the application and further information provided on request of the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Health Services Union (Vic.) Number 1 Branch t/a Health Workers Union and the Australian Nursing and Midwifery Federation (Vic Branch), being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers those organisations.

[6] The Agreement was approved on 4 December 2019 and, in accordance with s.54, will operate from 11 December 2019. The nominal expiry date of the Agreement is 1 January 2023.

DEPUTY PRESIDENT

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