Catholic Healthcare Limited

[2015] FWCA 5916

[2015] FWCA 5916

FAIR WORK COMMISSION

DECISION

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

Catholic Healthcare Limited
(AG2015/4641)

CATHOLIC HEALTHCARE RESIDENTIAL AGED CARE ENTERPRISE AGREEMENT (NEW SOUTH WALES) 2015- ‒ 2018

Aged care industry
COMMISSIONER CAMBRIDGE	SYDNEY, 28 AUGUST 2015

Application for approval of the Catholic Healthcare Residential Aged Care Enterprise Agreement (New South Wales) 2015- ‒ 2018.

[1] An application has been made for approval of an enterprise agreement known as the Catholic Healthcare Residential Aged Care Enterprise Agreement (New South Wales) 2015- ‒ 2018(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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 11 August 2015. The application included a Statutory Declaration of Salvatore Galluccio made on behalf of the Employer and dated 5 August 2015 (the Declaration). The Declaration stated that the Agreement was made on 29 July 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 28 August 2015. I note that the file has included a Statutory Declaration of Fran Johnston made on behalf of the Health Services Union (the HSU), as an employee organisation in relation to the application. I also note that the file has included a Statutory Declaration of Benjamin Morwitzer made on behalf of the Australian Nursing and Midwifery Federation (the ANMF) and the New South Wales Nurses and Midwives’ Association (the NSWNMA) , as employee organisations in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause A12 and a consultation terms at clauses A8 and A9.

[6] 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.

[7] The HSU, the ANMF and the NSWNMA being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. As required by subsection 201 (2) of the Act I note that the Agreement covers the HSU, the ANMF and the NSWNMA.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 4 September 2015. The nominal expiry date of the Agreement as specified in clause A4 of the Agreement, is 30 June 2018.

COMMISSIONER

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