Nazareth Care T/A Nazareth Care
[2023] FWCA 1689
•9 JUNE 2023
| [2023] FWCA 1689 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Nazareth Care T/A Nazareth Care
(AG2023/1506)
NAZARETH CARE WYNNUM ENTERPRISE AGREEMENT 2022
| Aged care industry | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 9 JUNE 2023 |
Application for approval of the Nazareth Care - Wynnum Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Nazareth Care – Wynnum Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nazareth Care (the Applicant). The Agreement is a single enterprise agreement.
The Notice of Employee Representational Rights (NERR) distributed to employees appears to has a slightly different name of the Agreement. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.
The Applicant has provided written undertakings. 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.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Australian Workers Union (AWU) and the Australian Nursing and Midwifery Federation (ANMF) have lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU and the ANMF.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
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