Martindale ACF Pty Ltd T/A Martindale Aged Care Facility

[2013] FWCA 10120

[2013] FWCA 10120

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Martindale ACF Pty Ltd T/A Martindale Aged Care Facility
(AG2013/10318)

MARTINDALE ACF PTY LTD AND ANMF NURSING EMPLOYEES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 20 DECEMBER 2013

Application for approval of the Martindale ACF Pty Ltd and ANMF Nursing Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Martindale ACF Pty Ltd and ANMF Nursing Employees Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Martindale ACF Pty Ltd T/A Martindale Aged Care Facility. The Agreement is a single-enterprise agreement.

[2] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[3] On 11 December 2013, I wrote to the parties to seek clarification about aspects of the Agreement.

[4] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2013. The nominal expiry date of the Agreement is 31 January 2017.

Printed by authority of the Commonwealth Government Printer

<Price code J, AE406079  PR546215>