Luson Health Pty Ltd T/A The Vue

[2019] FWCA 2030

[2019] FWCA 2030

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Luson Health Pty Ltd T/A The Vue
(AG2018/6473)

LUSON HEALTH PTY LTD (TRADING AS EDEN PARK) AND LUSON AGED CARE PTY LTD (TRADING AS THE VUE), ANMF AND HSU ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 MARCH 2019

Application for approval of the Luson Health Pty Ltd (trading as Eden Park) and Luson Aged Care Pty Ltd (trading as The Vue), ANMF and HSU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Luson Health Pty Ltd (trading as Eden Park) and Luson Aged Care Pty Ltd (trading as The Vue), ANMF and HSU Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Luson Health Pty Ltd T/A The Vue. The Agreement is a single enterprise agreement.

[2] The Employer 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] I note that Clauses 54 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia being bargaining representatives for the Agreement, has 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2019. The nominal expiry date of the Agreement is 31 July 2021.

DEPUTY PRESIDENT

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<AE502559  PR706275>

Annexure A