Barossa Village Incorporated T/A Barossa Village

[2019] FWCA 7160

[2019] FWCA 7160

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barossa Village Incorporated T/A Barossa Village
(AG2019/3452)

BAROSSA VILLAGE INC NURSING EMPLOYEES, (AGED CARE) & ANMF ENTERPRISE AGREEMENT 2019

Aged care industry
COMMISSIONER PLATT	ADELAIDE, 17 OCTOBER 2019

Application for approval of the Barossa Village Inc, Nursing Employees, (Aged Care) & ANMF Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Barossa Village Inc, Nursing Employees, (Aged Care) & ANMF Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Barossa Village Incorporated T/A Barossa Village. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 24 September 2019.

[3] On 4 October 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 15 October 2019. The undertaking deals with the following topics:

•  Penalty rates are to be paid to casual staff.

•  Casual loading is to apply to all hours worked by casual staff.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 January 2022.

COMMISSIONER

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