Broadmeadows Turkish Islamic Cultural Centre Inc t/a Ottoman Village Aged Care

[2019] FWCA 7662

[2019] FWCA 7662

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadmeadows Turkish Islamic Cultural Centre Inc t/a Ottoman Village Aged Care
(AG2019/3046)

BROADMEADOWS TURKISH ISLAMIC CULTURAL CENTRE INC. (TRADING AS OTTOMAN VILLAGE AGED CARE), ANMF AND HSU ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 NOVEMBER 2019

Application for approval of the Broadmeadows Turkish Islamic Cultural Centre Inc. (trading as Ottoman Village Aged Care), ANMF and HSU Enterprise Agreement 2019.

[1] Broadmeadows Turkish Islamic Cultural Centre Inc t/a Ottoman Village Aged Care has made an application for approval of an enterprise agreement known as the Broadmeadows Turkish Islamic Cultural Centre Inc. (trading as Ottoman Village Aged Care), ANMF and HSU Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] It appears from the employer’s statutory declaration that employees were not provided with full details of the voting instructions seven clear days before the vote. In all the circumstances, including the fact that the voting period spanned two full weeks, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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. The undertakings are taken to be a term of the agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on the statutory declarations provided by these organisations, I note that the Agreement covers these organisations.

[6] The Agreement was approved on 7 November 2019 and, in accordance with s 54, will operate from 14 November 2019. The nominal expiry date of the Agreement is 7 November 2023.

DEPUTY PRESIDENT

Annexure A

 1   [2019] FWCFB 318

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