Autumn Care Aged Care (BLRAS Pty Ltd) T/A Benton’s Lodge

[2015] FWCA 3439

[2015] FWCA 3439

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Autumn Care Aged Care (BLRAS Pty Ltd) T/A Benton’s Lodge
(AG2015/2639)

AUTUMN CARE AGED CARE (BLRAS PTY LTD TRADING AS BENTON’S LODGE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 20 MAY 2015

Application for approval of the Autumn Care Aged Care (BLRAS Pty Ltd trading as Benton’s Lodge), ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Autumn Care Aged Care (BLRAS Pty Ltd trading as Benton’s Lodge), ANMF and HSU 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 Autumn Care Aged Care (BLRAS Pty Ltd) trading as Benton’s Lodge. The agreement is a single-enterprise agreement.

[2] The agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 27 May 2105. The nominal expiry date of the Agreement is 31 July 2017.

[5] The Australian Nursing & Midwifery Federation and the Health Services Union 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.

DEPUTY PRESIDENT

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