Central Gippsland Health Service

[2018] FWCA 5023

[2018] FWCA 5023

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Gippsland Health Service
(AG2018/1273)

CENTRAL GIPPSLAND HEALTH (CGH), DIVISION OF COMMUNITY SERVICES, COMMUNITY CARERS ENTERPRISE AGREEMENT, 2017

Social, community, home care and disability services
COMMISSIONER SAUNDERS	SYDNEY, 30 AUGUST 2018

Application for approval of the Central Gippsland Health (CGH), Division of Community Services, Community Carers Enterprise Agreement, 2017.

[1] An application has been made for approval of an enterprise agreement known as the Central Gippsland Health (CGH), Division of Community Services, Community Carers Enterprise Agreement, 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Gippsland Health Service. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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Annexure A