Mercy Health and Aged Care Inc; Marianella Nursing Home Ltd T/A Mercy Place Albury

[2014] FWCA 2002

[2014] FWCA 2002

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mercy Health and Aged Care Inc; Marianella Nursing Home Ltd T/A Mercy Place Albury
(AG2014/516)

THE (NSW) MERCY HEALTH AGED CARE NSWNMA & HSU NSW ENTERPRISE AGREEMENT 2013 - 2015

Aged care industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 26 MARCH 2014

Application for approval of The (NSW) Mercy Health Aged Care NSWNMA & HSU NSW Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as The (NSW) Mercy Health Aged Care NSWNMA & HSU NSW Enterprise Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mercy Health and Aged Care Inc & Marianella Nursing Home Ltd t/a Mercy Place Albury. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. The model consultation term is marked as Annexure A and is attached to this decision.

[4] The New South Wales Nurses and Midwives’ Association & Australian Nursing Federation - New South Whales Branch and the Health Services Union New South Whales 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), I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54, will operate from 2 April 2014. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

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Annexure A