Antiochian Care Limited

Case

[2022] FWCA 4046

18 NOVEMBER 2022


[2022] FWCA 4046

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Antiochian Care Limited

(AG2022/4712)

Antiochian Care Limited and ANMF NSW Greenfields Agreement 2022

Aged care industry

COMMISSIONER MCKINNON

SYDNEY, 18 NOVEMBER 2022

Application for approval of the Antiochian Care Limited and ANMF NSW Greenfields Agreement 2022

  1. Antiochian Care Limited (Antiochian) has applied for approval of a greenfields agreement known as the Antiochian Care Limited and ANMF NSW Greenfields Agreement 2022 (the Agreement). The Agreement was made between Antiochian and the Australian Nursing and Midwifery Federation.

  1. The Agreement is made under subsection 172(2)(b) of the Fair Work Act 2009. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Nursing and Midwifery Federation is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under the Agreement. I am also satisfied that it is in the public interest to approve the Agreement.

  1. The Agreement is approved and will operate from 25 November 2022. The nominal expiry date of the Agreement is 18 November 2023.

  1. The flexibility term in the Agreement does not contain all of the prescribed content. The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

COMMISSIONER

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