Arcanola Pty Ltd as trustee for The D & M Papamarkou Family Trust T/A Whittlesea Lodge

[2024] FWCA 4677

[2024] FWCA 4677

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Arcanola Pty Ltd as trustee for The D & M Papamarkou Family Trust T/A Whittlesea Lodge

(AG2024/4847)

ARCANOLA PTY LTD T/A WHITTLESEA LODGE, ANMF AND HWU ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER YILMAZ	MELBOURNE, 24 DECEMBER 2024

Application for approval of the Arcanola Pty Ltd t/a Whittlesea Lodge, ANMF and HWU Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Arcanola Pty Ltd t/a Whittlesea Lodge, ANMF and HWU Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Arcanola Pty Ltd as trustee for The D & M Papamarkou Family Trust T/A Whittlesea Lodge. The Agreement is a single enterprise agreement. 

1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Australian Nursing and Midwifery Federation and the Health Services Union 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 organisations. 

1. The Agreement is approved and in accordance with s.54, will operate from 31 December 2024. The nominal expiry date of the Agreement is 30 June 2028. 

COMMISSIONER

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