Braemar Presbyterian Care

[2019] FWCA 2478

[2019] FWCA 2478

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Braemar Presbyterian Care
(AG2018/6982)

BRAEMAR PRESBYTERIAN CARE (ANMF) REGISTERED NURSES AGREEMENT 2018

Aged care industry
COMMISSIONER LEE	SYDNEY, 11 APRIL 2019

Application for approval of the of Braemar Presbyterian Care Registered Nurse (ANMF) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the of Braemar Presbyterian Care Registered Nurse (ANMF) Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Braemar Presbyterian Care. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE502868  PR706835>

Annexure A