Aged Care Services Australia Group Pty Ltd

[2017] FWCA 7046

[2017] FWCA 7046

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aged Care Services Australia Group Pty Ltd
(AG2017/3349)

AGED CARE SERVICES AUSTRALIA GROUP PTY LTD SOUTH AUSTRALIAN AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 DECEMBER 2017

Application for approval of the Aged Care Services Australia Group Pty Ltd South Australian Aged Care Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Aged Care Services Australia Group Pty Ltd South Australian Aged Care Employees 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 Aged Care Services Australia Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Nursing and Midwifery Federation and United Voice, 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 these organisations.

[5] The Agreement was approved on 22 December 2017 and, in accordance with s.54, will operate from 29 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE426760  PR599128>

ANNEXURE A