360 Health and Community Ltd T/A 360 Health and Community Ltd

[2024] FWCA 3875

[2024] FWCA 3875

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

360 Health and Community Ltd T/A 360 Health and Community Ltd

(AG2024/3786)

360 HEALTH AND COMMUNITY LTD ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 6 NOVEMBER 2024

Application for approval of the 360 HEALTH AND COMMUNITY LTD Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the 360 HEALTH AND COMMUNITY LTD Enterprise 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 360 Health and Community Ltd T/A 360 Health and Community Ltd. The Agreement is a single enterprise agreement.

1. 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.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Australian Municipal, Administrative, Clerical and Services Union, the Health Services Union – Western Australia Branch, and the Australian Nursing and Midwifery Federation (WA Branch), are a bargaining representative for the Agreement and have each 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 these organisations.

1. The Agreement is approved and in accordance with s.54, will operate from 13 November 2024. The nominal expiry date of the Agreement is 6 November 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A