HammondCare

Case

[2016] FWCA 6212

1 SEPTEMBER 2016

No judgment structure available for this case.

[2016] FWCA 6212
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

HammondCare
(AG2016/3886)

HAMMONDCARE DEMENTIA SPECIFIC EMPLOYEES, RESIDENTIAL NURSES, CARE AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2016

Aged care industry

COMMISSIONER JOHNS

MELBOURNE, 1 SEPTEMBER 2016

Application for approval of the HammondCare Dementia Specific Employees, Residential Nurses, Care and Support Services Enterprise Agreement 2016.

[1] On 12 July 2016 HammondCare (Applicant) made an application for approval of the HammondCare Dementia Specific Employees, Residential Nurses, Care and Support Services Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

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

[5] The Health Services Union of Australia, New South Wales Nurses and Midwives’ Association and 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 8 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE420873  PR584888>

Annexure A

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