Application for approval of the Emmy Monash Aged Care Agreement 2024

[1] An application has been made for approval of an enterprise agreement known as the Emmy Monash Aged Care Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Emmy Monash Aged Care Inc. The Agreement is a single enterprise agreement.

[2] In assessing whether the Agreement meets the better off overall test, I have only had regard to patterns of work that do not involve broken shifts or sleepovers, as these are not reasonably foreseeable at the test time, pursuant to s.193A(6).

[3] 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. The undertakings are taken to be a term of the agreement.

[4] 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.

[5] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union of Australia Victoria No 1 Branch, trading as the "Health Workers Union" (HWU), 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 25 July 2025. The nominal expiry date of the Agreement is 1 August 2027.

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