CV Whalley Drive Aged Care Pty Ltd T/A Cumberland View

[2019] FWCA 3608

[2019] FWCA 3608

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CV Whalley Drive Aged Care Pty Ltd T/A Cumberland View
(AG2018/7394)

CUMBERLAND VIEW AGED SERVICES HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 27 MAY 2019

Application for approval of the Cumberland View Aged Services Health and Allied Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cumberland View Aged Services Health and Allied Services Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CV Whalley Drive Aged Care Pty Ltd T/A Cumberland View. The Agreement is a single enterprise agreement.

[2] 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 section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia 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) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 3 May 2019. The nominal expiry date of the Agreement is 1 January 2021.

COMMISSIONER

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<AE503604  PR708672>