New Horizons Enterprises Ltd

[2015] FWCA 1403

[2015] FWCA 1403

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

New Horizons Enterprises Ltd
(AG2015/1813)

NEW HORIZON AGED CARE AND NSWNMA/ANMF ENTERPRISE AGREEMENT 2014 - 2017.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 2 MARCH 2015

Application for approval of the New Horizon Aged Care and NSWNMA/ANMF Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the New Horizon Aged Care and NSWNMA/ANMF Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by New Horizons Enterprise Limited. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a flexibility term, however, it is not a flexibility term which complies with s.203(2) of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement. A copy of the model flexibility term is attached to this decision.

[3] The New South Wales Nurses and Midwives’ Association, 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) of the Act, I note that the Agreement covers this organisation.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

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