Gilbert Valley Senior Citizens Homes (Riverton) Inc T/A Gilbert Valley Senior Citizens Homes

[2020] FWCA 1774

[2020] FWCA 1774

FAIR WORK COMMISSION

DECISION

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

Gilbert Valley Senior Citizens Homes (Riverton) Inc T/A Gilbert Valley Senior Citizens Homes
(AG2020/865)

GILBERT VALLEY SENIOR CITIZENS HOMES (RIVERTON) INC NURSING EMPLOYEES ANMF - SA (AGED CARE) ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 2 APRIL 2020

Application for approval of the Gilbert Valley Senior Citizens Homes (Riverton) Inc Nursing Employees ANMF - SA (Aged Care) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Gilbert Valley Senior Citizens Homes (Riverton) IncNursing Employees ANMF - SA (Aged Care) Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Gilbert Valley Senior Citizens Homes (Riverton) Inc T/A Gilbert Valley Senior Citizens Homes(the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 30 March 2020.

[3] On 31 March 2020, my Chambers emailed the parties to seek clarification about the pre-approval requirements of the Agreement, which the Applicant subsequently addressed.

[4] The Notice of Employee Representational Rights (NERR) contain references to and the Fair Work Commission Infoline in lieu of the Fair Work Ombudsman and the Fair Work Commission.

[5] In respect of the NERR deficiency, I am satisfied (taking into consideration s.188(2) of the Act and the decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others) that the procedural or technical error is minor and that the employees were not likely to have been disadvantaged, and accordingly, that there has been a genuine agreement.

[6] The Australian Nursing and Midwifery Federation, 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) of the Act I note that the Agreement covers this organisation.

[7] I am satisfied that each of the requirements of ss.186, 187, and 188 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

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