Darlingford Upper Goulburn Nursing Home

[2013] FWCA 9985

[2013] FWCA 9985

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Darlingford Upper Goulburn Nursing Home
(AG2013/11454)

DARLINGFORD UPPER GOULBURN NURSING HOME (HEALTH AND ALLIED SERVICES, MANAGERS AND ADMINISTRATIVE OFFICERS) ENTERPRISE AGREEMENT 2011-2015

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 19 DECEMBER 2013

Application for approval of the Darlingford Upper Goulburn Nursing Home (Health and Allied Services, Managers and Administrative Officers) Enterprise Agreement 2011-2015.

[1] On 13 November 2013 Darlingford Upper Goulburn Nursing Home (Applicant) made an application for approval of the Darlingford Upper Goulburn Nursing Home (Health and Allied Services, Managers and Administrative Officers) Enterprise Agreement 2011-2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. The undertakings correct a drafting error and make it clear that employees may appoint a representative for the purpose of consultation regarding major workplace change. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Health Services Union Victorian Branch (trading as the Health Workers’ Union) (HWU) has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The HWU, 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 26 December 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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ANNEXURE A