Queen Victoria Care Home Inc T/A Queen Victoria Care

THE QUEEN VICTORIA HOME INC. GENERAL ENTERPRISE AGREEMENT 2025

Application for approval of the Queen Victoria Home Inc. General Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Queen Victoria Home Inc. General Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queen Victoria Care Home Inc T/A Queen Victoria Care (QVC). The Agreement is a single enterprise agreement.

[2] In response to several issues raised with QVC in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. The views of the bargaining representatives have been sought in relation to these undertakings. 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.

[3] The undertakings relate to:

1. Span of hours - day workers

2. Overtime - day works

Interaction with the National Employment Standards

[4] Clause 5 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

1. Clause 12.11 of the Agreement appears to create a mechanism by whereby the employer may instigate the cancellation of annual leave. To the extent that this is inconsistent with NES provisions relating to annual leave, the NES precedence clause will apply, and thus this provision does not impede the approval of this Agreement.

2. Clause 12.12 of the Agreement appears to contain restrictions as to the manner in which annual leave may be taken (regarding single days). Section 88 of the Act provides annua leave may be taken for a period agreed between an employee and his or her employer, and the employer must not unreasonable refuse to agree to a request by an employee to take paid annual leave. To the extent clause 12.12 may operate in a manner inconsistent with this provision, the NES precedence clause will apply, and thus this provision does not impede the approval of this 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 Health Services Union-Tasmania Branch (HSU) and Australian Nursing and Midwifery Federation (ANMF) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the HSU and ANMF.

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

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