Social, community, home care and disability services

Application for approval of the genU Business Enterprises, Enterprise Agreement 2023 - 2026

[1] An application has been made for approval of an enterprise agreement known as the genU Business Enterprises, Enterprise Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Application named Ms Demelsa Pantano as the Applicant. However, it was later clarified that the Application is made by Karingal St Laurence Pty Ltd (Karingal). Ms Demelsa Pantano is Karingal's representative. The Application is amended pursuant to s 586 of the Act to correct the obvious mistake in the Applicant's name.

[3] In response to several issues raised with Karingal in relation to its application, it has provided written undertakings, a copy of which are attached in Annexures A and B. 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.

[4] The undertakings relate to:

1. Night shift, and night shift penalty (annexure A)

2. Overtime and ordinary hours of work (annexure B)

3. Afternoon shift, and afternoon shift penalty (annexure B)

[5] As the Agreement does not contain a workplace delegates rights term, Pursuant to s 205A(2) of the Act, the workplace delegates' rights term prescribed by clause 27A of the Supported Employment Services Award 2020 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

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