Calvary Retirement Community (NSW)

Case

[2013] FWCA 9586

5 DECEMBER 2013

No judgment structure available for this case.

[2013] FWCA 9586

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Calvary Retirement Community (NSW)
(AG2013/11396)

CALVARY RETIREMENT COMMUNITY (NEW SOUTH WALES) AND THE HEALTH SERVICES UNION - GENERAL SERVICES ENTERPRISE AGREEMENT 2013

Aged care industry

DEPUTY PRESIDENT BOOTH

SYDNEY, 5 DECEMBER 2013

Application for approval of the Calvary Retirement Community (New South Wales) and the Health Services Union - General Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Retirement Community (New South Wales) and the Health Services Union - General Services Enterprise Agreement 2013 (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 Community (NSW). The agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Mr Warwick Mills, Director of Human Resources, Calvary Aged Care & Retirement Services, who is authorised to make this undertaking pursuant to s.190 of the Act for the applicant. The written undertaking concerning clause 21(e) will be taken to be a term of the Agreement pursuant to s.191 of the Act. A copy of the undertaking is attached as Annexure A.

[3] The Health Services Union, New South Wales Branch, 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) of the Act, I note that the Agreement covers the organisation.

[4] I am 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Annexure A

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