Dougherty Apartments Retirement Housing Project
[2024] FWCA 1436
•19 APRIL 2024
| [2024] FWCA 1436 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Dougherty Apartments Retirement Housing Project
(AG2024/592)
DOUGHERTY APARTMENTS RETIREMENT HOUSING PROJECT PTY LTD, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023
| Aged Care Industry | |
| COMMISSIONER CRAWFORD | SYDNEY, 19 APRIL 2024 |
Application for approval of the Dougherty Apartments Retirement Housing Project Pty Ltd, NSWNMA and HSU NSW Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Dougherty Apartments Retirement Housing Project Pty Ltd, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Dougherty Apartments Retirement Housing Project (Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. I am 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ANMF and the HSU.
The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.
COMMISSIONER
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