Catholic Healthcare Limited

[2019] FWCA 5805

[2019] FWCA 5805

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Catholic Healthcare Limited
(AG2019/1262)

CATHOLIC HEALTHCARE RESIDENTIAL AGED CARE ENTERPRISE AGREEMENT (QUEENSLAND) 2018 - 2021

Aged care industry
COMMISSIONER SPENCER	BRISBANE, 12 SEPTEMBER 2019

Application for approval of the Catholic Healthcare Residential Aged Care Enterprise Agreement (Queensland) 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Catholic Healthcare Residential Aged Care Enterprise Agreement (Queensland) 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 Catholic Healthcare Limited. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Australian Nursing and Midwifery Federation and United Voice 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 both organisations.

[5] Pursuant to s.205(2) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. The model flexibility term is attached to the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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