IndoChinese Elderly Refugees Association Victoria Inc

Case

[2022] FWCA 3738

25 OCTOBER 2022


[2022] FWCA 3738

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

IndoChinese Elderly Refugees Association Victoria Inc

(AG2022/4179)

IndoChinese Elderly Refugees Association Inc. Aged Care Enterprise Agreement 2022

Aged care industry

DEPUTY PRESIDENT BELL

MELBOURNE, 25 OCTOBER 2022

Application for approval of the IndoChinese Elderly Refugees Association Inc. Aged Care Enterprise Agreement 2022.

  1. An application has been made for approval of an enterprise agreement known as the IndoChinese Elderly Refugees Association Inc. Aged Care Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, IndoChinese Elderly Refugees Association Victoria Inc. The Agreement is a single enterprise agreement.

  1. Having regard to the material contained in the application and filed in relation to it, 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.

  1. The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

  1. The Australian Nursing and Midwifery Federation (ANMF) and 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.

  1. The Agreement was approved on 25 October 2022 and, in accordance with s.54 of the Act, will operate from 1 November 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE517936  PR747197>

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