Anglican Aged Care Services Group T/A Benetas

[2019] FWCA 4590

[2019] FWCA 4590

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anglican Aged Care Services Group T/A Benetas
(AG2019/320)

BENETAS, NURSES AND AGED CARE EMPLOYEES (RESIDENTIAL CARE) ANMF AND HWU ENTERPRISE AGREEMENT 2022

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 2 JULY 2019

Application for approval of the Benetas, Nurses and Aged Care Employees (Residential Care) ANMF and HWU Enterprise Agreement 2022.

[1] An application has been made for approval of an enterprise agreement known as the Benetas, Nurses and Aged Care Employees (Residential Care) ANMF and HWU Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Anglican Aged Care Services Group T/A Benetas. The Agreement is a single enterprise agreement.

[2] On 26 February 2019, the Applicant advised the Commission of various typographical and formatting errors in the Agreement lodged with the application, and requested that these be corrected. A corrected version of the Agreement was also provided to the Commission.

[3] Section 586 of the Act provides that the Commission may allow a correction or amendment of any application, or other document relating to a matter before the Commission, on any terms that it considers appropriate. I am satisfied that it is appropriate to exercise the discretion available under these provisions in this case, to make the corrections as requested by the Applicant, and to accept the corrected version of the Agreement provided on 26 February 2019. It will accordingly replace the version of the Agreement that was provided to the Commission when the application was originally made.

[4] 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.

[5] Subject to 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.

[6] The Australian Nursing and Midwifery Federation, and the 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 9 July 2019. The nominal expiry date of the Agreement is 31 August 2022.

COMMISSIONER

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Annexure A