Lobethal & District Aged Homes Inc T/A Restvale

[2014] FWCA 4674

[2014] FWCA 4674

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lobethal & District Aged Homes Inc T/A Restvale
(AG2014/6483)

RESTVALE AGED CARE AND ADMINISTRATIVE EMPLOYEES ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 14 JULY 2014

Application for approval of the Restvale Aged Care and Administrative Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Restvale Aged Care and Administrative Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Lobethal & District Aged Homes Inc T/A Restvale. The Agreement is a single-enterprise agreement.

[2] On 4 July 2014, I wrote to the parties to seek clarification about aspects of the Agreement. I also raised concerns about compliance with the access period requirements of s.180(3) of the Act.

[3] The employer provided, on 10 July 2014, evidence to confirm that employees were provided with the required ballot information in advance of the access period. I was also provided with further clarification of the parties’ intentions and the employer proposed formal written undertakings which are appended to the Agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2014. The nominal expiry date of the Agreement is 30 June 2017.

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