Aged Care Services Australia Group Pty Ltd

[2013] FWCA 2659

[2013] FWCA 2659

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aged Care Services Australia Group Pty Ltd
(AG2013/4804)

AGED CARE SERVICES AUSTRALIA GROUP PTY LTD, NSWNMA & HSU ENTERPRISE AGREEMENT 2010

Aged care industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 1 MAY 2013

Application for approval of the Aged Care Services Australia Group Pty Ltd, NSWNMA & HSU Enterprise Agreement 2010.

[1] An application has been made for approval of an enterprise agreement known as the Aged Care Services Australia Group Pty Ltd, NSWNMA & HSU Enterprise Agreement 2010 (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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Australian Nursing Federation, 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 organisation.

[6] The Health Services Union, 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 organisation.

[7] The NSW Nurses and Midwives’ Association, 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 organisation.

[8] The Agreement was approved on 30 April 2013 and, in accordance with s.54, will operate from7 May 2013. The nominal expiry date of the Agreement is 31 July 2013.

DEPUTY PRESIDENT

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ANNEXURE A