Hardi Aged Care T/A Hardi Nursing Home Management

[2016] FWCA 9000

[2016] FWCA 9000

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hardi Aged Care T/A Hardi Nursing Home Management
(AG2016/6563)

HARDI AGED CARE NURSING STAFF ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER ROE	MELBOURNE, 16 DECEMBER 2016

Application for approval of the Hardi Aged Care Nursing Staff Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hardi Aged Care Nursing Staff Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hardi Aged Care T/A Hardi Nursing Home Management. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The New South Wales Nurses and Midwives’ Association and Australian Nursing and Midwifery Federation being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 16 December 2016 and, in accordance with s.54, will operate from 23 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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Annexure A