May Shaw Health Centre Inc T/A May Shaw Health Centre

[2020] FWCA 2637

[2020] FWCA 2637

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

May Shaw Health Centre Inc T/A May Shaw Health Centre
(AG2020/652)

MAY SHAW HEALTH CENTRE INC. NON NURSING STAFF AGREEMENT - SCOTTSDALE 2019

Aged care industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 20 MAY 2020

Application for approval of the May Shaw Health Centre Inc. Non Nursing Staff Agreement - Scottsdale 2019.

[1] An application has been made for approval of an enterprise agreement known as the May Shaw Health Centre Inc. Non Nursing Staff Agreement - Scottsdale 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by May Shaw Health Centre Inc T/A May Shaw Health Centre (Employer). The Agreement is a single-enterprise agreement.

[2] The Employer did not notify relevant employees by the start of the access period for the Agreement of the time and place at which the vote would occur, and the voting method that would be used, as required by s.180(3) of the Act.

[3] Having regard to the Employer’s submissions, I am satisfied that the error constitutes a minor procedural or technical error for the purposes of s.188(2)(a), and employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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.

[5] Subject to the undertakings, 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. The undertakings are taken to be a term of the Agreement.

[6] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application to the date it was actually made.

[7] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, 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), I note that the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE508087  PR719504>

Annexure A