Mercy Health and Aged Care Incorporated T/A Mercy Health

[2016] FWCA 995

[2016] FWCA 995

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mercy Health and Aged Care Incorporated T/A Mercy Health
(AG2015/7068)

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

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 12 FEBRUARY 2016

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

[1] On 17 December 2015 Mercy Health and Aged Care Incorporated T/A Mercy Health (Applicant) made an application for approval of the (NSW) Mercy Health Aged Care NSWNMA & HSU Enterprise Agreement 2015 (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. 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.

[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, has 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 these organisations.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 19 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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Annexure A