Calvary Retirement Communities Limited

[2019] FWCA 6014

[2019] FWCA 6014

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calvary Retirement Communities Limited
(AG2019/2230)

CALVARY RETIREMENT COMMUNITIES LIMITED (NEW SOUTH WALES) AND THE HEALTH SERVICES UNION - AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2019

Aged care industry
COMMISSIONER CIRKOVIC	MELBOURNE, 29 AUGUST 2019

Application for approval of the Calvary Retirement Communities Limited (New South Wales) and the Health Services Union - Aged Care Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Retirement Communities Limited (New South Wales) and the Health Services Union - Aged Care Employees Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Calvary Retirement Communities Limited. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Health Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 29 August 2019 and, in accordance with s.54, will operate from 5 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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Annexure A