McKenzie Staff Pty Ltd

[2014] FWCA 3069

[2014] FWCA 3069

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McKenzie Staff Pty Ltd
(AG2014/659)

MCKENZIE AGED CARE, ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 12 MAY 2014

Application for approval of the McKenzie Aged Care, ANMF and HSU Enterprise Agreement 2014.

[1] On 24 March 2014 McKenzie Staff Pty Ltd (Applicant) made an application for approval of the McKenzie Aged Care, ANMF and HSU Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. The undertakings ensure employees classified as Director of Nursing or Deputy Director of Nursing are better off overall. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the each employee bargaining representative has indicated acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Australian Nursing and Midwifery Federation and the Health Services Union Victoria Number 1 Branch, 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), the Commission notes that the Agreement covers these organisations.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 19 May 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE408043  PR550434>

ANNEXURE A