North Sydney Retirement Trust T/A James Milson Village

[2013] FWCA 7746

[2013] FWCA 7746

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North Sydney Retirement Trust T/A James Milson Village
(AG2013/9360)

JAMES MILSON VILLAGE ENTERPRISE AGREEMENT 2013

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 4 OCTOBER 2013

Application for approval of the James Milson Village Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the James Milson Village Enterprise Agreement 2013 (the ‘Agreement’). The application has been made pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’) by North Sydney Retirement Trust and James Milson Nursing Home (the ‘applicant’).

[2] I have considered the matters contained in the Form F17 declaration made by Mr Peter Kingston, Chief Executive Officer, on behalf of the employer and those of Mr Gerard Hayes of the Health Services Union and Mr Nicholas Vanderkooi of the New South Wales Nurses and Midwives’ Association & the Australian Nursing and Midwifery Federation - New South Wales Branch (collectively the ‘Unions’) in the form F18 declarations.

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

[4] In accordance with s 187(5)(a) of the Act, I am satisfied that the Unions are entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement in relation to work that is to be performed under it. I note that the Unions will be covered by the Agreement. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 11 October 2013 and have a nominal expiry date of 30 June 2017.

DEPUTY PRESIDENT

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