Blakehurst Aged Care Services Pty Ltd T/A Blakehurst Aged Care and Retirement Centre

[2014] FWCA 8102

[2014] FWCA 8102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Blakehurst Aged Care Services Pty Ltd T/A Blakehurst Aged Care and Retirement Centre
(AG2014/7738)

IBIS CARE BLAKEHURST, AUSTRALIAN NURSING FEDERATION NSW BRANCH, HEALTH SERVICES UNION NSW BRANCH & MIDWIVES ASSOCIATION ENTERPRISE AGREEMENT 2014.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 14 NOVEMBER 2014

Application for approval of the IBIS Care Blakehurst, Australian Nursing Federation NSW Branch, Health Services Union NSW Branch & NSW Nurses & Midwives Association Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the IBIS Care Blakehurst, Australian Nursing Federation NSW Branch, Health Services Union NSW Branch & NSW Nurses & Midwives Association Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Blakehurst Aged Care Services Pty Ltd T/A Blakehurst Aged Care and Retirement Centre. The agreement is a single-enterprise agreement.

[1] The Agreement does contain a flexibility term, however, it is not a flexibility term which complies with s.203(2) of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement. A copy of the model flexibility term is attached to this decision.

[1] An undertaking has been provided by Mr Tony Stephenson, Chief Executive Officer, Blakehurst Aged Care Services. The written undertaking concerning clauses 13.3(b) and 13.3(c) will be taken to be a term of the Agreement pursuant to s.191 of the Act. A copy of the undertaking is attached to this decision.

[1] The Health Services Union New South Wales Branch, the New South Wales branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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) of the Act, I note that the Agreement covers these organisations.

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

[1] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2014. The nominal expiry date of the Agreement is 21 November 2018.

DEPUTY PRESIDENT

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