Mali Nominees Pty Ltd T/A Chronos Care
[2018] FWCA 5622
•13 SEPTEMBER 2018
| [2018] FWCA 5622 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Mali Nominees Pty Ltd T/A Chronos Care
(AG2018/1145)
Mali Nominees Pty Ltd ANMF and HSU Enterprise Agreement 2017
| Aged care industry | |
| Deputy President Colman | MELBOURNE, 13 SEPTEMBER 2018 |
Application for approval of the Mali Nominees Pty Ltd ANMF and HSU Enterprise Agreement 2017.
An application has been made for approval of an enterprise agreement known as the Mali Nominees Pty Ltd ANMF and HSU Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mali Nominees Pty Ltd T/A Chronos Care. The agreement is a single enterprise agreement.
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.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.
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.
The Agreement lodged contained a referencing error at Clause 6.3.6. On the 12 September 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.
The Agreement was approved on 13 September 2018 and, in accordance with s.54, will operate from 20 September 2018. The nominal expiry date of the Agreement is 30 June 2021.
DEPUTY PRESIDENT
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<AE500065 PR700156>
Annexure A
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