Northern Coalfields Community Care Association Limited T/A Northern Coalfields Community Care Association Limited; Northern Coalfields Community Care Association (Abernethy Nursing Home) Limited; Northern...

[2018] FWCA 5676

[2018] FWCA 5676

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Coalfields Community Care Association Limited T/A Northern Coalfields Community Care Association Limited; Northern Coalfields Community Care Association (Abernethy Nursing Home) Limited; Northern Coalfields Community Care Assoication (Jacaranda Grove Hostel) Limited; Northern Coalfields Community Care Association (Mountain View Lodge Hostel) Limited; Northern Coalfields Community Care Association (NeighbourCare) Limited; Northern Coalfields Community Care Association Limited T/A Cessnock Home Care and Support Services
(AG2018/149)

NORTHERN COALFIELDS COMMUNITY CARE ASSOCIATION AND CONTROLLED ENTITIES ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 10 SEPTEMBER 2018

Application for approval of the Northern Coalfields Community Care Association and Controlled Entities Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Northern Coalfields Community Care Association And Controlled Entities Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northern Coalfields Community Care Association Limited T/A Northern Coalfields Community Care Association Limited; Northern Coalfields Community Care Association (Abernethy Nursing Home) Limited; Northern Coalfields Community Care Assoication (Jacaranda Grove Hostel) Limited; Northern Coalfields Community Care Association (Mountain View Lodge Hostel) Limited; Northern Coalfields Community Care Association (NeighbourCare) Limited; Northern Coalfields Community Care Association Limited T/A Cessnock Home Care and Support Services. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] 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.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Health Services Union of Australia, and Australian Nursing and Midwifery Federation 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) I note that the Agreement covers these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A