Social, community, home care and disability services

Application for approval of the St Michael's Association Inc. Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the St Michael's Association Inc. 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 St Michael's Association Inc (St Michael's). The Agreement is a single enterprise agreement.

[2] In response to several issues raised with St Michael's 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 were sought in relation to these undertakings, and it was confirmed there is no objection. 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. Telephone recall

2. Job search entitlement

3. Repair and replacement of clothing other than uniform allowance

4. Laundering of clothing other than uniform allowance

Interaction with the National Employment Standards

[4] Clause 6(a) 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 11(g) of the Agreement appears to provide that employees deemed to have abandoned their employment are not entitled to minimum notice of termination in accordance with the Act. No such exclusion is provided for in the Act but, as a result of the NES precedence clause, the purported exclusion will have no effect and will not prevent approval of 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 Health Services Union, Tasmanian Branch (HACSU) 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 HACSU.

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

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