Boandik Lodge Inc

[2017] FWCA 3846

[2017] FWCA 3846

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boandik Lodge Inc
(AG2017/2259)

BOANDIK LODGE INC. UNITED VOICE & ANMF AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER MCKINNON	MELBOURNE, 21 JULY 2017

Application for approval of the Boandik Lodge Inc United Voice & ANMF Aged Care Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boandik Lodge Inc. United Voice & ANMF Aged Care Employees 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 Boandik Lodge Incorporated. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement lodged contained an error at clause S.3.2 (g). On 19 July 2017 the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Australian Nursing and Midwifery Federation and United Voice 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2017. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

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Annexure A