AJ & BJ Smith Pty Ltd T/A The Gardens

[2015] FWCA 4677

[2015] FWCA 4677

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AJ & BJ Smith Pty Ltd T/A The Gardens
(AG2015/3240)

THE GARDENS NURSING ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER ROE	MELBOURNE, 10 JULY 2015

Application for approval of The Gardens Nursing Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Gardens Nursing Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AJ & BJ Smith Pty Ltd T/A The Gardens. The Agreement is a single enterprise agreement.

[2] 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. 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.

[3] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, 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 the organisations.

[4] The Agreement was approved on 10 July 2015 and, in accordance with s.54, will operate from 17 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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