BlueCross Community and Residential Services Pty Ltd

[2014] FWCA 5360

[2014] FWCA 5360

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueCross Community and Residential Services Pty Ltd
(AG2014/6881)

BLUECROSS COMMUNITY AND RESIDENTIAL CARE SERVICES GROUP, ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 7 AUGUST 2014

Application for approval of the BlueCross Community and Residential Care Services Group, ANMF and HSU Enterprise Agreement 2014.

[1] On 18 July 2014 BlueCross Community and Residential Services Pty Ltd (Applicant) made an application for approval of the BlueCross Community and Residential Care Services Group, ANMF and HSU Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. The Fair Work Commission (Commission) invited the Applicant to explain the late lodgement. The Applicant advised that the Agreement was lodged late due certain documents being received in a bargaining representative’s junk mail folder. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] The Commission is 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.

[4] The Health Services Union 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 14 August 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

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