CASS Care Limited

[2019] FWCA 662

[2019] FWCA 662

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CASS Care Limited
(AG2018/3347)

CASS CARE LIMITED ENTERPRISE AGREEMENT (OTHER THAN CHILDREN’S SERVICES) (NSW) 2018-2021

Aged care industry
COMMISSIONER MCKINNON	MELBOURNE, 5 FEBRUARY 2019

Application for approval of the CASS Care Limited Enterprise Agreement (Other Than Children’s Services) (NSW) 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the CASS Care Limited Enterprise Agreement (Other Than Children’s Services) (NSW) 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CASS Care Limited. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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.

[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.

[4] The Agreement lodged contained an error at Clause 5.1.5(d). On 22 January 2019, the Applicant filed an amended version of the Agreement 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.

[1] The Australian Nursing and Midwifery Federation and Health Services Union of Australia 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) I note that the Agreement covers the organisations.

[2] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A