Bupa Aged Care Australia Pty Ltd

[2020] FWCA 5437

[2020] FWCA 5437

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bupa Aged Care Australia Pty Ltd
(AG2020/2753)

BUPA AGED CARE AUSTRALIA SOUTH HOBART ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER MCKINNON	MELBOURNE, 13 OCTOBER 2020

Application for variation of the Bupa Aged Care Australia South Hobart Enterprise Agreement 2018.

[1] Application has been made by Bupa Aged Care Australia Pty Ltd for approval of a variation to the Bupa Aged Care Australia South Hobart Enterprise Agreement 2018 (the Agreement).

[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 a written undertaking 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 undertaking was accepted and the Agreement was approved on 11 February 2019. The undertaking remains a term of the Agreement as varied.

[5] The variation document lodged omitted an allowance schedule. On 25 September 2020, the Applicant filed an amended version of the variation document 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.

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

[7] In accordance with s.216 of the Act, the variation operates from 13 October 2020.

COMMISSIONER

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