Ballan & District Soldiers Memorial Bush Nursing Hospital & Hostel Inc T/A Ballan District Health and Care

[2018] FWCA 5562

[2018] FWCA 5562

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Ballan & District Soldiers Memorial Bush Nursing Hospital & Hostel Inc T/A Ballan District Health and Care

(AG2018/1579)

Ballan District Health and Care Enterprise Agreement 2017

Health and welfare services
Commissioner Saunders	NEWCASTLE, 6 SEPTEMBER 2018

Application for approval of the Ballan District Health and Care Enterprise Agreement 2017.

1. An application has been made for approval of an enterprise agreement known as the Ballan District Health and Care Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ballan & District Soldiers Memorial Bush Nursing Hospital & Hostel Inc T/A Ballan District Health and Care. The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

1. Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

1. Subject to the Undertakings, 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.

1. The Australian Nursing and Midwifery Federation and Health Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wants the Agreement to cover them. 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 of the Act, will operate from 13 September 2018. The nominal expiry date of the Agreement is 25 November 2021.

COMMISSIONER

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Annexure A