Domain Aged Care (QLD) Pty Ltd and DPG Services Pty Ltd T/A Opal Aged Care

[2018] FWCA 7388

[2018] FWCA 7388

FAIR WORK COMMISSION

DECISION

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

Domain Aged Care (QLD) Pty Ltd and DPG Services Pty Ltd T/A Opal Aged Care
(AG2018/1129)

OPAL AGED CARE (QLD) ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER MCKINNON	MELBOURNE, 5 DECEMBER 2018

Application for approval of the Opal Aged Care (QLD) Enterprise Agreement 2017.

[1] Domain Aged Care (Qld) Pty Ltd and DPG Services Pty Ltd trading as Opal Aged Care (Opal) has applied for approval of a single-enterprise agreement known as the Opal Aged Care (QLD) Enterprise Agreement 2017 (the Agreement).

[2] On 19 November 2018 I issued a decision setting out my preliminary findings in relation to the Agreement. 1

[3] Opal filed written undertakings in accordance with directions issued on 26 November 2018. A copy of these undertakings is attached in Annexure A. After considering the views of the Australian Nursing and Midwifery Federation (ANMF) in relation to the undertakings, I have decided to accept the undertakings without change.

[4] I am satisfied that the undertakings given by Opal will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

[5] Subject to the undertakings at Annexure A, I am also satisfiedthat each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have now been met.

[6] The ANMF, The Australian Workers’ Union and Australian Municipal, Administrative, Clerical and Services Union being 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A

 1   Domain Aged Care (QLD) Pty Ltd and DPG Services Pty Ltd T/A Opal Aged Care [2018] FWC 7601