Danvero Pty Ltd, Fresh Fields Aged Care Pty Ltd, Hamersley Nursing Home (WA) Pty Ltd, Varna Pty Ltd and Fresh Fields Hospitality Services Pty Ltd T/A Hall & Prior Aged Care Organisation

[2014] FWCA 7468

[2014] FWCA 7468

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Danvero Pty Ltd, Fresh Fields Aged Care Pty Ltd, Hamersley Nursing Home (WA) Pty Ltd, Varna Pty Ltd and Fresh Fields Hospitality Services Pty Ltd T/A Hall & Prior Aged Care Organisation
(AG2014/9368)

HALL & PRIOR AGED CARE ORGANISATION EMPLOYEE (NON-RN) ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 22 OCTOBER 2014

Application for approval of the Hall & Prior Aged Care Organisation Employee (Non-RN) Enterprise Agreement 2014.

[1] On 14 October 2014, Hall & Prior Aged Care Organisation made application for approval of a single enterprise agreement to be known as the Hall & Prior Aged Care Organisation Employee (Non-RN) Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 1 October 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Health Services Union (HSU), United Voice and Australian Nursing & Midwifery Federation (ANF) have declared that the HSU, United Voice and ANF were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the HSU, United Voice and ANF support the approval of the Agreement by the Commission and have read and agree with the Employer’s statutory declaration in support of the application, insofar as it is within their knowledge. Finally, the HSU, United Voice and ANF have given notice that, pursuant to s.183 of the FW Act, they want to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 29 October 2014.

[7] The nominal expiry date of this Agreement is 30 June 2017.

COMMISSIONER

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