Wonthaggi and District Elderly Citizens Homes Inc T/A Rose Lodge

[2019] FWCA 96

[2019] FWCA 96

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wonthaggi and District Elderly Citizens Homes Inc T/A Rose Lodge
(AG2018/2140)

WONTHAGGI AND DISTRICT ELDERLY CITIZENS HOMES INC. (TRADING AS ROSE LODGE), ANMF AND HSU ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 JANUARY 2019

Application for approval of the Wonthaggi and District Elderly Citizens Homes Inc. (trading as Rose Lodge), ANMF and HSU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Wonthaggi and District Elderly Citizens Homes Inc. (trading as Rose Lodge), ANMF and HSU Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wonthaggi and District Elderly Citizens Homes Inc t/a Rose Lodge. The Agreement is a single enterprise agreement.

[2] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

● Clause 52 – Annual Leave;

● Clause 53 and 44 – Personal Leave.

[3] However, noting clause 6 of the Agreement and the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] 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.

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2019. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A