Milstern Healthcare Pty Ltd

[2013] FWCA 2603

[2013] FWCA 2603

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Milstern Healthcare Pty Ltd
(AG2013/5980)

MILSTERN HEALTH CARE PTY LTD, NSWNMA & HSU NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2012

Aged care industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 29 APRIL 2013

Application for approval of the Milstern Health Care Pty Ltd, NSWNMA & HSU New South Wales Branch Enterprise Agreement 2012 .

[1] An application has been made for approval of an enterprise agreement known as the Milstern Health Care Pty Ltd, NSWNMA & HSU New South Wales Branch Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Milstern Healthcare Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Australian Nursing Federation, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Health Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The New South Wales Nurses and Midwives’ Association, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 29 April 2013 and, in accordance with s.54, will operate from 6 May 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

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ANNEXURE A