Adelene Retirement Village T/A Adelene Retirement Village; Peninsula Village Limited T/A Peninsula Villages; Central Coast Community Care Association Ltd T/A Central Coast Community Care Association; Evergreen Life...

Case

[2018] FWCA 4165

13 JULY 2018


[2018] FWCA 4165

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 —Enterprise agreement

Adelene Retirement Village T/A Adelene Retirement Village; Peninsula Village Limited T/A Peninsula Villages; Central Coast Community Care Association Ltd T/A Central Coast Community Care Association; Evergreen Life Care Limited T/A Evergreen Life Care; Vietnam Veterans (Keith Payne VC) Hostel Ltd T/A Vietnam Veterans Keith Payne VC Hostel; PACE Aged Care Limited T/A PACE Aged Care

(AG2018/940)

PACE Enterprise Agreement 2017

Aged care industry

Commissioner Cribb

MELBOURNE, 13 JULY 2018

Application for approval of the PACE Enterprise Agreement 2017.

  1. An application has been made for approval of an enterprise agreement known as the PACE Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adelene Retirement Village T/A Adelene Retirement Village; Peninsula Village Limited T/A Peninsula Villages; Central Coast Community Care Association Ltd T/A Central Coast Community Care Association; Evergreen Life Care Limited T/A Evergreen Life Care; Vietnam Veterans (Keith Payne VC) Hostel Ltd T/A Vietnam Veterans Keith Payne VC Hostel; PACE Aged Care Limited T/A PACE Aged Care. The agreement is a multi-enterprise agreement.

  1. Undertakings have been given with respect to clauses 9.1; 16.1; 15.8; 17.1; 19.3, 19.5 and 19.6; 42.10; Schedule A – Employment Classifications (B): Nurses’ Employment Classifications and are taken to be a term of the Agreement. A copy of the undertakings are attached to this Decision as Annexure A and can also be found at the end of the Agreement.

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

  1. The Health Services Union and Australian Nursing and Midwifery Federation, 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) of the Act I note that the Agreement covers these organisations.

  1. The Agreement was approved on 13 July 2018 and, in accordance with s.54 of the Act, will operate from 20 July 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A