Genista Nursing Home Pty Ltd T/A Genista Aged Care Facility

[2017] FWCA 6682

[2017] FWCA 6682

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Genista Nursing Home Pty Ltd T/A Genista Aged Care Facility

(AG2017/4886)

Genista Aged Care, NSWNMA, ANMF NSW Branch and HSU New South Wales BRANCH ENTERPRISE Agreement 2017

Aged care industry
Commissioner Saunders	NEWCASTLE, 13 DECEMBER 2017

Application for approval of the Genista Aged Care, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017.

1. An application has been made for approval of an enterprise agreement known as the Genista Aged Care, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Genista Nursing Home Pty Ltd T/A Genista Aged Care Facility. The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

1. Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

1. Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Australian Nursing and Midwifery Federation, New South Wales and Midwives’ Association and the Health Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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Annexure A