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

[2018] FWCA 5022

[2018] FWCA 5022

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corumbene Nursing Home for the Aged Inc. T/A Corumbene Nursing Home for the Aged
(AG2018/64)

CORUMBENE NURSING HOME FOR THE AGED INC. NON-NURSING AGREEMENT 2017

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 29 AUGUST 2018

Application for approval of the Corumbene Nursing Home for the Aged Inc. Non-Nursing Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Corumbene Nursing Home for the Aged Inc. Non-Nursing 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 Corumbene Nursing Home for the Aged Inc. T/A Corumbene Nursing Home for the Aged. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Nursing and Midwifery Federation and Health Services Union of Australia being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 29 August 2018 and, in accordance with s.54, will operate from 5 September 2018. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

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Annexure A