Amana Living Incorporated T/A Amana Living
[2024] FWCA 3867
•5 NOVEMBER 2024
| [2024] FWCA 3867 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Amana Living Incorporated T/A Amana Living
(AG2024/3866)
AMANA LIVING REGISTERED NURSES ENTERPRISE AGREEMENT 2024
| Aged care industry | |
| COMMISSIONER P RYAN | SYDNEY, 5 NOVEMBER 2024 |
Application for approval of the Amana Living Registered Nurses Enterprise Agreement 2024
Amana Living Incorporated (Employer) has made an application for approval of an enterprise agreement known as the Amana Living Registered Nurses Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
The Employer 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. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the Employer’s responses to issues identified, and the Statement of Principles.[1]
Section 183
The Australian Nursing and Midwifery Federation (ANMF) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.
In accordance with s.201(2), I note that the Agreement covers the ANMF.
Approval
The Agreement is approved. Clause 3.1 of the Agreement states that the Agreement will commence operation from the first full pay period commencing 7 days after the date of approval by the Commission. The Employer advised that it operates a fortnightly pay period and the next pay period to commence 7 days after the date of this decision commences on Monday 25 November 2025.
Having regard to the information provided by the Employer, s.36 of the Acts Interpretation Act 1901, and s.54 of the FW Act, the Agreement will operate from Sunday 24 November 2024. The nominal expiry date of the Agreement is 30 June 2027.
COMMISSIONER
Annexure A
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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