Allity Management Services Pty Ltd

[2019] FWCA 4004

[2019] FWCA 4004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allity Management Services Pty Ltd
(AG2018/5901)

ALLITY ENTERPRISE AGREEMENT (VICTORIA) 2018

Aged care industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 JUNE 2019

Application for approval of the Allity Enterprise Agreement (Victoria) 2018.

[1] An application has been made for approval of an enterprise agreement known as the Allity Enterprise Agreement (Victoria) 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allity Management Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 12 June 2019 and, in accordance with s.54, will operate from 19 June 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE503841  PR709183>

Annexure A