Ibis (No 2) Pty Ltd T/A Ibis Care Miranda

[2019] FWCA 4337

[2019] FWCA 4337

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IBIS (No 2) Pty Ltd T/A Ibis Care Miranda
(AG2019/1629)

IBIS CARE MIRANDA, AUSTRALIAN NURSING AND MIDWIFERY FEDERATION NSW BRANCH, HEALTH SERVICES UNION NSW BRANCH & NSW NURSES & MIDWIVES’ ASSOCIATION ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JUNE 2019

Application for approval of the IBIS Care Miranda, Australian Nursing and Midwifery Federation NSW Branch, Health Services Union NSW Branch & NSW Nurses & Midwives’ Association Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the IBIS Care Miranda, Australian Nursing and Midwifery Federation NSW Branch, Health Services Union NSW Branch & NSW Nurses & Midwives’ Association Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IBIS (No 2) Pty Ltd T/A Ibis Care Miranda. The Agreement is a single enterprise agreement.

[2] The Employer 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] I note that employees were provided with the voting information on the 18 April 2019, and the vote was conducted 5 days later on the 23 April 2019, rather than 7 clear days as prescribed by the Act. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[5] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) 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) 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 28 June 2019. The nominal expiry date of the Agreement is 26 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A