Baptcare t/a Baptcare Ltd

[2016] FWCA 4044

[2016] FWCA 4044

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baptcare t/a Baptcare Ltd
(AG2016/1170)

BAPTCARE LTD. TRADING AS BAPTCARE KARINGAL COMMUNITY CARE ENTERPRISE BARGAINING AGREEMENT 2015

Tasmania
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

Application for approval of the Baptcare Ltd. trading as Baptcare Karringal Community Care Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Baptcare Ltd. trading as Baptcare Karringal Community Care Enterprise Bargaining Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Baptcare t/a Baptcare Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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 want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 22 June 2016 and, in accordance with s.54, will operate from 29 June 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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Annexure A