Holy Spirit Care Services (Brisbane) Ltd

[2017] FWCA 3416

[2017] FWCA 3416

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holy Spirit Care Services (Brisbane) Ltd
(AG2017/1881)

HOLY SPIRIT CARE SERVICES (HSCS) ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER MCKINNON	MELBOURNE, 4 JULY 2017

Application for approval of the Holy Spirit Care Services (HSCS) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Holy Spirit Care Services (HSCS) 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 Holy Spirit Care Services (Brisbane) Limited T/A Holy Spirit Care Services. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Queensland Nurses and Midwives’ Union of Employees, Australian Workers’ Union and the Australian Nursing and Midwifery Federation being 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2017. The nominal expiry date of the Agreement is 7 May 2020.

COMMISSIONER

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Annexure A