Amana Living Incorporated T/A Amana Living

[2015] FWCA 3653

[2015] FWCA 3653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amana Living Incorporated T/A Amana Living
(AG2015/2408)

AMANA LIVING INC REGISTERED NURSES (ANMF) ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 29 MAY 2015

Application for approval of the Amana Living Inc Registered Nurses (ANMF) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Amana Living Inc Registered Nurses (ANMF) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Amana Living Incorporated t/a Amana Living. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Amana Living Incorporated t/a Amana Living. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2015. The nominal expiry date of the Agreement is 30 June 2018.

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ATTACHMENT A

FAIR WORK COMMISSION

TITLE OF MATTER: Application by Amana Living Incorporated

SECTION: s.185 – Application for approval of a single-enterprise agreement

SUBJECT: Application for approval of the Amana Living Registered Nurse (ANMF) Enterprise Agreement 2014

MATTER NUMBER: AG2015/2408

AMANA LIVING INCORPORATED - UNDERTAKING

The following clauses of the above mentioned Agreement are to apply and operate as follows:

1. Clause 8.1 (e) – The word “apprentices” will be removed.

2. Clause 8.4 – Clause 8.4 is to be deleted and replaced with “In circumstances where an employee wishes to terminate his/her employment the period of notice required under clause 8.2(a) may be dispensed with by agreement in writing between the employer and the employee.”

3. Clause 9.2 – The words “23 – Long service leave” are to be deleted.

4. Clause 20.12 – This clause will be removed.

5. Clause 23.6 – This clause will be removed.

6. Clause 33.3(b) – This clause will be removed and will not apply.

28^th May, 2015

_______________________________ _________________________

(Signature) (Date)

Jenny Williams

General Manager, Human Resources

AMANA LIVING