Cranbrook Care Pty Ltd T/A William Cape Gardens

[2014] FWCA 6037

[2014] FWCA 6037

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cranbrook Care Pty Ltd T/A William Cape Gardens
(AG2014/6800)

WILLIAM CAPE GARDENS, HSUNSW NURSES AND MIDWIVES’ ASSOCIATION AND THE AUSTRALIAN NURSING AND MIDWIFERY ASSOCIATION - NSW BRANCH ENTERPRISE AGREEMENT 2014.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 3 SEPTEMBER 2014

Application for approval of the William Cape Gardens, HSUNSW Nurses and Midwives’ Association and the Australian Nursing and Midwifery Association - NSW Branch Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the William Cape Gardens, HSUNSW Nurses and Midwives’ Association and the Australian Nursing and Midwifery Association - NSW Branch Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cranbrook Care Pty Ltd T/A William Cape Gardens. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement. A copy of the model consultation term is attached to this decision.

[3] An undertaking has been provided by Ms Kerry Mann, Chief Executive Officer, Cranbrook Care Pty Ltd. The written undertaking concerning clause 19.5 will be taken to be a term of the Agreement pursuant to s.191 of the Act. A copy of the undertaking is attached to this decision.

[4] The Health Services Union New South Wales Branch, the New South Wales branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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) of the Act, I note that the Agreement covers these organisations.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

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