Mercy Aged and Community Care Ltd T/A Mercy Health

[2018] FWCA 4958

[2018] FWCA 4958

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Mercy Aged and Community Care Ltd T/A Mercy Health

(AG2018/1659)

Mercy Health Aged Care (QLd) Enterprise Agreement 2018

Aged care industry
Commissioner Lee	MELBOURNE, 27 August 2018

Application for approval of the Mercy Health Aged Care (Qld) Enterprise Agreement 2018.

1. An application has been made for approval of an enterprise agreement known as the Mercy Health Aged Care (Qld) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mercy Aged and Community Care Ltd T/A Mercy Health. The Agreement is a single enterprise agreement.

1. 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.

1. Subject to the undertakings referred to above, 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.

1. 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.

1. The Australian Nursing and Midwifery Federation and The Australian Workers’ Union being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2018. The nominal expiry date of the Agreement is 2 September 2021.

COMMISSIONER

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Annexure A