Blue Cross Community Care Services Group Pty Ltd as Trustee for The Blue Cross Group Unit Trust, Blue Cross Community Care Services (Toorak) Pty Ltd as Trustee for The Darnlee Business Unit Trust, Third Age...

[2017] FWCA 5510

[2017] FWCA 5510

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Blue Cross Community Care Services Group Pty Ltd as Trustee for The Blue Cross Group Unit Trust, Blue Cross Community Care Services (Toorak) Pty Ltd as Trustee for The Darnlee Business Unit Trust, Third Age Australia Pty Ltd as Trustee for The Third Age Australia Unit Trust T/A BlueCross Community and Residential Care Services Group

(AG2017/3227)

BlueCross Community and Residential Care Services Group, ANMF and HSU Enterprise Agreement 2017

Aged care industry
Commissioner Saunders	NEWCASTLE, 25 OCTOBER 2017

Application for approval of the BlueCross Community and Residential Care Services Group, ANMF and HSU Enterprise Agreement 2017.

1. An application has been made for approval of an enterprise agreement known as the BlueCross Community and Residential Care Services Group, ANMF and HSU Enterprise Agreement 2017) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Blue Cross Community Care Services Group Pty Ltd as Trustee for The Blue Cross Group Unit Trust, Blue Cross Community Care Services (Toorak) Pty Ltd as Trustee for The Darnlee Business Unit Trust, Third Age Australia Pty Ltd as Trustee for The Third Age Australia Unit Trust T/A BlueCross Community and Residential Care Services Group. The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

1. Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

1. Subject to the Undertakings, 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.

1. The Health Services Union of Australia and Australian Nursing and Midwifery Federation 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 the organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2017. The nominal expiry date of the Agreement is 31 May 2021.

COMMISSIONER

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Annexure A