Huon Eldercare Inc.

[2014] FWCA 3770

[2014] FWCA 3770

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huon Eldercare Inc.
(AG2014/5846)

HUON ELDERCARE NURSING STAFF AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 5 JUNE 2014

Application for approval of the Huon Eldercare Nursing Staff Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Huon Eldercare Nursing Staff Agreement 2014 (the Agreement). The application was made by Huon Eldercare Inc pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The flexibility provision in clause 11 does not comply with the requirements in section 203 of the Act. 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, and will be appended to the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation, being 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) of the Act I note that the Agreement covers these organisations.

[5] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 12 June 2014. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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