Bentley Wood Health and Aged Care Group Pty Ltd
[2023] FWCA 746
•8 MARCH 2023
| [2023] FWCA 746 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bentley Wood Health and Aged Care Group Pty Ltd
(AG2023/47)
Bentley Wood Health and Aged Care Group Pty Ltd, ANMF and HSU Enterprise Agreement 2022
| Aged care industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 8 MARCH 2023 |
Application for approval of the Bentley Wood Health and Aged Care Group Pty Ltd, ANMF and HSU Enterprise Agreement 2022
Bentley Wood Health and Aged Care Group Pty Ltd has made an application for approval of an enterprise agreement known as the Bentley Wood Health and Aged Care Group Pty Ltd, ANMF and HSU Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
While the application is generally in order, a copy of the notice of employee representational rights (NERR) was not provided to all employees within 14 days of notification time. However, having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.
The Australian Nursing and Midwifery Federation (ANMF), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the ANMF.
The Agreement was approved on 9 March 2023 and, in accordance with s 54, it will operate from 16 March 2023. The nominal expiry date of the Agreement is 30 March 2024.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318
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