NewDirection Bellmere Pty Ltd T/A NewDirection Care at Bellmere

[2018] FWC 981

[2018] FWC 981

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.319 - Application for an order relating to instruments covering new employer and non-transferring employees

NewDirection Bellmere Pty Ltd T/A NewDirection Care at Bellmere
(AG2018/462)

Aged care industry
COMMISSIONER BOOTH	BRISBANE, 22 FEBRUARY 2018

Application for an order relating to instruments covering new employer and non-transferring employees.

[1] An application under s.319 of the Fair Work Act 2009 (the Act) for an order that the Synovum Care Group House Companions Enterprise Agreement 2016 (the Agreement) covers NewDirection Bellmere Pty Ltd T/A NewDirection Care at Bellmere (the Applicant) in respect of non-transferring employees was filed by the Applicant on 13 February 2018.

[2] The Applicant seeks the following order under s.319 of the Act, that:

Pursuant to s.319(1)(b) of the Act, the Synovum Care Group House Companions Enterprise Agreement 2016 will cover any non-transferring employee who commences employment with the Applicant on or after the date on which the order is made by the Commission to perform work for the Applicant in the position of House Companion, unless and until the Agreement is terminated or replaced in accordance with the Act.

[3] The Applicant has filed materials in support of the application. An Affidavit of Natasha Chadwick, Managing Director of the Applicant, was filed, confirming that the Agreement contains terms and conditions of employment that are more favourable overall than those provided under the Aged Care Award 2010, which non-transferring employees would be covered under if engaged and the order sought not issued.

[4] The material provided by the Applicant discloses that the Applicant does not currently employ any non-transferring employees who would be affected by the making of the order sought.

[5] Additionally, there are no Employee Organisations covered by the Agreement.

[6] I have considered the matters set out in s.319(3)(a) to (g) of the Act and I am satisfied on the basis of supporting documentation provided with the application that the order should be issued. Consequently the Application is granted and the Order [PR600420] in the terms sought will be issued accordingly.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE418469  PR600419>