Merakis Enterpises Pty Ltd

[2014] FWCA 3537

[2014] FWCA 3537

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Merakis Enterpises Pty Ltd
(AG2014/5183)

MERAKIS ENTERPRISES PTY LTD (TRADING AS CARRUM DOWNS PRIVATE NURSING HOME), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 27 MAY 2014

Application for approval of the Merakis Enterprises Pty Ltd (trading as Carrum Downs Private Nursing Home), ANMF and HSU Enterprise Agreement 2014.

[1] On 1 April 2014 Merakis Enterprises Pty Ltd (Applicant) made an application for approval of the Merakis Enterprises Pty Ltd (trading as Carrum Downs Private Nursing Home), 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 outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. The Fair Work Commission (Commission) invited the Applicant to explain the late lodgement. On the application the Applicant advised that the Agreement was lodged late due to delays in the circulation of documents between the Applicant and the unions. . In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[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 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 3 June 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

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