Baptcare Ltd T/A Baptcare

[2024] FWCA 3334

[2024] FWCA 3334

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Baptcare Ltd T/A Baptcare

(AG2024/3074)

BAPTCARE, ANMF AND HWU ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER WILSON	MELBOURNE, 23 SEPTEMBER 2024

Application for approval of the Baptcare, ANMF and HWU Enterprise Agreement 2024  

1. An application has been made for approval of an enterprise agreement known as the Baptcare, 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 Baptcare Ltd. The Agreement is a single enterprise agreement.

1. The notification time for the Agreement under s.173(2) was 29 November 2023 and the Agreement was made on 6 August 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

1. The Australian Nursing and Midwifery Federation 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 organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2024. The nominal expiry date of the Agreement is 30 September 2026.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

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