Embracia Communities Pty Ltd T/A Embracia in Glasshouse Country; Embracia Communities Pty Ltd T/A Embracia on the Avenue; Embracia Group Pty Ltd T/A Embracia on Bribie

[2014] FWCA 4313

[2014] FWCA 4313

FAIR WORK COMMISSION

DECISION

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

Embracia Communities Pty Ltd T/A Embracia in Glasshouse Country; Embracia Communities Pty Ltd T/A Embracia on the Avenue; Embracia Group Pty Ltd T/A Embracia on Bribie
(AG2014/6449)

EMBRACIA AGED CARE QUEENSLAND ENTERPRISE AGREEMENT 2013 - 2016

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 30 JUNE 2014

Application for approval of the Embracia Aged Care Queensland Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Embracia Aged Care Queensland Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Embracia Communities Pty Ltd T/A Embracia in Glasshouse Country; Embracia Communities Pty Ltd T/A Embracia on the Avenue; Embracia Group Pty Ltd T/A Embracia on Bribie. Although there are three Applicants they are to be taken as one employer pursuant to s.168A(4) of the Act.The Agreement is a single-enterprise agreement.

[2] The application was not lodged within 14 days after the Agreement was made but was withdrawn and re-lodged outside 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances the Commission considers it fair to extend the time for making the application to the date it was actually made.

[3] The Applicant has provided written undertakings about flexibility arrangements, annual leave entitlements and the definition of a shift worker. The Commission sought the views of all bargaining representatives about the undertakings. Only the Queensland Nurses’ Union (QNU) responded. The QNU indicated that it supported the approval of the Agreement with the undertakings provided. The Commission is satisfied that the made 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. The Commission accepts the undertakings attached to this decision at Attachment A.

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

[5] The Queensland Nurses' Union, 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 the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Attachment A

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