HammondCare

[2013] FWCA 1956

[2013] FWCA 1956

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HammondCare
(AG2013/457)

HAMMONDCARE RESIDENTIAL NURSES AND CARE AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2012

Aged care industry
COMMISSIONER GOOLEY	MELBOURNE, 28 MARCH 2013

Application for approval of the HammondCare Residential Nurses and Care and Support Services Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the HammondCare Residential Nurses and Care and Support Services Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HammondCare. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] The New South Wales Nurses and Midwives’ Association and the Australian Nursing Federation – New South Wales Branch, 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) I note that the Agreement covers the organisation.

[5] The Health Services Union - New South Wales Branch, 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 28 March 2013 and, in accordance with s.54, will operate from 4 April 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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ANNEXURE A