Bupa Care Services Pty Limited

[2014] FWCA 724

[2014] FWCA 724

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bupa Care Services Pty Limited
(AG2013/12804)

BUPA CARE SERVICES, ANMF AND HSU VICTORIAN ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 30 JANUARY 2014

Application for approval of the Bupa Care Services, ANMF and HSU Victorian Enterprise Agreement 2013.

[1] On 20 December 2013 Bupa Care Services Pty Limited (Applicant) made an application for approval of the Bupa Care Services, ANMF and HSU Victorian Enterprise Agreement 2013 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (FWAct). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] On 6 January 2014 the Applicant wrote to the Commission advising of two typographical errors in the Agreement. Schedule C of the Agreement provided a nauseous allowance to be paid “per shift”. The Applicant sought to have the Agreement amended to read “per hour”.

[5] Pursuant to s.586 of the FW Act, the Commission is satisfied the amendments should be made.

[6] The Health Services Union Victorian Branch and Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 6 February 2014. The nominal expiry date of the Agreement is 1 October 2016.

COMMISSIONER

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