GRACE AGED CARE VICTORIA ENTERPRISE AGREEMENT 2025-2028

Application for approval of the GRACE Aged Care Victoria Enterprise Agreement 2025-2028

[1] An application has been made for approval of an enterprise agreement known as the GRACE Aged Care Victoria Enterprise Agreement 2025-2028 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a multi-enterprise agreement. The application has been made by Carinya Lodge Homes Incorporated (Applicant). The Agreement is expressed to cover the following employer entities (Covered Employers):

1. Carinya Lodge Homes Incorporated

2. Wonthaggi & District Elderly Citizens Home T/A Rose Lodge Hostel

3. Woorayl Lodge Incorporated

4. Hillview Bunyip Aged Care Incorporated

[2] The Covered Employers each provided written undertakings in the same terms (Annexure A) in response to issues raised by the Commission in relation to the application. In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The bargaining representatives have indicated their acceptance of the undertakings provided. 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] Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

[4] I note that Clause 4.2 of the Agreement provides that where there is an inconsistency between the agreement and the National Employment Standards (NES), and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

[5] The Australian Nursing & Midwifery Federation (Victorian Branch) (ANMF) and the Health Services Union of Australia Victoria No 1 Branch, trading as the Health Workers Union (HWU) each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the ANMF and the HWU.

[6]

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.

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