Justor Pty Limited T/A Newcastle & District Nursing Services (NDNS)

[2014] FWCA 3646

[2014] FWCA 3646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Justor Pty Limited T/A Newcastle & District Nursing Services (NDNS)
(AG2014/871)

NDNS ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
DEPUTY PRESIDENT BOOTH	SYDNEY, 2 JUNE 2014

Application for approval of the NDNS Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the NDNS Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Justor Pty Limited T/A Newcastle & District Nursing Services (NDNS). The agreement is a single-enterprise agreement.

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

[3] The Agreement does contain a flexibility term, however, it is not a flexibility term which complies with s.202(1) of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement.

[4] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2014. The nominal expiry date of the Agreement is 2 June 2018.

DEPUTY PRESIDENT

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