Alliance Care Management Pty Ltd as the trustee for the Amberlea Aged Care Facility Unit Trust T/A The Trustee for Amberlea Aged Care Facility Trust

[2017] FWCA 4112

[2017] FWCA 4112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alliance Care Management Pty Ltd as the trustee for the Amberlea Aged Care Facility Unit Trust T/A The Trustee for Amberlea Aged Care Facility Trust
(AG2017/1352)

ALLIANCE CARE MANAGEMENT AS TRUSTEE FOR AMBERLEA AGED CARE FACILITY UNIT TRUST HEALTH AND ALLIED ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 4 AUGUST 2017

Application for approval of the Alliance Care Management as Trustee for Amberlea Aged Care Facility Unit Trust Health and Allied Enterprise Agreement 2017.

[1] On 17 April 2017, Alliance Care Management Pty Ltd as trustee for the Amberlea Aged Care Facility Unit Trust T/A The Trustee for Amberlea Aged Care Facility Unit Trust (Applicant) made an application for approval of the Alliance Care Management as Trustee for Amberlea Aged Care Facility Unit Trust Health and Allied Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[1] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Nursing and Midwifery Federation has indicated its acceptance of the undertakings.

[2] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[3] The Australian Nursing and Midwifery 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), the Commission notes that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 11 August 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

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Annexure A