Bupa Aged Care Australia Pty Ltd

[2020] FWCA 5628

[2020] FWCA 5628

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bupa Aged Care Australia Pty Ltd
(AG2020/2994)

BUPA AGED CARE AUSTRALIA, NSWNMA, ANMF (NSW BRANCH) AND HSU NSW BRANCH, NEW SOUTH WALES ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 OCTOBER 2020

Application for variation of the BUPA Aged Care Australia, NSWNMA, ANMF (NSW Branch) and HSU NSW Branch, New South Wales Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the BUPA Aged Care Australia, NSWNMA, ANMF (NSW Branch) and HSU NSW Branch, New South Wales Enterprise Agreement 2018 (the Agreement). The application was made by Bupa Aged Care Australia Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 8 January 2019. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 22 October 2020.

DEPUTY PRESIDENT

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