Kintyre Country Living Pty Ltd T/A Kintyre Lodge

[2018] FWCA 6400

[2018] FWCA 6400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kintyre Country Living Pty Ltd T/A Kintyre Lodge
(AG2018/2398)

KINTYRE COUNTRY LIVING (AGED CARE), NSWNMA-ANMF NSW BRANCH AND HSU NSW BRANCH ENTERPRISE AGREEMENT 2018-2021

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 OCTOBER 2018

Application for approval of the Kintyre Country Living (Aged Care), NSWNMA-ANMF NSW Branch and HSU NSW Branch Enterprise Agreement 2018-2021.

[1] An application has been made for approval of a greenfields agreement known as the Kintyre Country Living (Aged Care), NSWNMA-ANMF NSW Branch and HSU NSW Branch Enterprise Agreement 2018-2021 (the Agreement). The application was made by Kintyre Country Living Pty Ltd T/A Kintyre Lodge pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Nursing and Midwifery Federation and Health Services Union of Australia are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Nursing and Midwifery Federation and Health Services Union of Australia and that the Agreement covers these organisations.

[5] The Agreement was approved on 16 October 2018 and, in accordance with s.54, will operate from 23 October 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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<AE500462  PR701362>

Annexure A