Healthe Care Australia Pty Ltd

[2018] FWCA 2467

[2018] FWCA 2467

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthe Care Australia Pty Ltd
(AG2017/5203)

HEALTHE CARE (NEW SOUTH WALES DAY PROCEDURE CENTRES) & NSWNMA/ANMF NSW BRANCH ENTERPRISE AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 MAY 2018

Application for approval of the Healthe Care Pty Ltd (New South Wales Day Procedure Centres) and the NSWNMA/ANMF NSW Branch Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Healthe Care Pty Ltd (New South Wales Day Procedure Centres) and the NSWNMA/ANMF NSW 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 Healthe Care Australia Pty Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Australian Nursing and Midwifery Federation and New South Wales Nurses and Midwives’ Association being the 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) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 3 May 2018 and, in accordance with s.54, will operate from 10 May 2018. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE428210  PR606767>

Annexure A