Bupa Aged Care Australia Pty Ltd T/A Bupa, Bupa Aged Care

[2023] FWCA 460

[2023] FWCA 460

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bupa Aged Care Australia Pty Ltd T/A Bupa, Bupa Aged Care

(AG2022/5590)

Bupa Aged Care Australia, ANMF and HWU Victorian Enterprise Agreement 2022

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 16 FEBRUARY 2023

Application for approval of the Bupa Aged Care Australia, ANMF and HWU Victorian Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Bupa Aged Care Australia, ANMF and HWU Victorian Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bupa Aged Care Australia Pty Ltd T/A Bupa, Bupa Aged Care (the Applicant). The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. Noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union (HSU) both lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the ANMF and HSU.

1. 
   The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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