Labouchere Investments Pty Ltd T/A Midland Nursing Home

[2016] FWCA 5145

[2016] FWCA 5145

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Labouchere Investments Pty Ltd T/A Midland Nursing Home
(AG2016/3264)

MIDLAND NURSING HOME ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER LEE	MELBOURNE, 29 JULY 2016

Application for approval of the Midland Nursing Home Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Midland Nursing Home Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Labouchere Investments Pty Ltd T/A Midland Nursing Home. The Agreement is a single enterprise agreement.

[2] The Applicant 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2016. The nominal expiry date of the Agreement is 28 July 2020.

COMMISSIONER

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Annexure A