Allity Management Services Pty Ltd T/A Allity

[2019] FWCA 4510

[2019] FWCA 4510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allity Management Services Pty Ltd T/A Allity
(AG2018/5765)

ALLITY ENTERPRISE AGREEMENT (NEW SOUTH WALES) 2018

Aged care industry
COMMISSIONER MCKINNON	MELBOURNE, 28 JUNE 2019

Application for approval of the Allity Enterprise Agreement (New South Wales) 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Allity Enterprise Agreement (New South Wales) 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Allity Management Services Pty Ltd T/A Allity.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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] 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 Agreement lodged contained several formatting and typographical errors. On 12 April 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Australian Nursing and Midwifery Federation and 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2019. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

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<AE504191  PR709821>

Annexure A