Corumbene Nursing Home for the Aged Inc T/A Corumbene Care

[2024] FWCA 1871

[2024] FWCA 1871

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Corumbene Nursing Home for the Aged Inc T/A Corumbene Care

(AG2024/1151)

CORUMBENE NURSING HOME FOR THE AGED INC., NURSES ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER YILMAZ	MELBOURNE, 22 MAY 2024

Application for approval of the Corumbene Nursing Home for the Aged Inc., Nurses Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Corumbene Nursing Home for the Aged Inc., Nurses Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Corumbene Nursing Home for the Aged Inc T/A Corumbene Care. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a different title for the Agreement to the one noted above.  However, I am satisfied that this is a minor technical error and that pursuant to s.188(2) it may be disregarded.

1. The Health Services Union 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.

1. I also note the Australian Nursing and Midwifery Federation were a bargaining representative, however despite requests from the Commission, they have not filed a Form F18.

1. The Agreement is approved and in accordance with s.54, will operate from 29 May 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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