Old Colonists’ Association of Victoria

[2019] FWCA 8298

[2019] FWCA 8298

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Old Colonists’ Association of Victoria
(AG2019/3862)

OLD COLONISTS' ASSOCIATION OF VICTORIA, ANMF AND HSU ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 DECEMBER 2019

Application for approval of the Old Colonists' Association of Victoria, ANMF and HSU Enterprise Agreement 2018

[1] The Old Colonists’ Association of Victoria has made an application for approval of an enterprise agreement known as the Old Colonists’ Association of Victoria, ANMF and HSU Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on the statutory declarations provided by these organisations, I note that the Agreement covers these organisations.

[6] The Agreement was approved on 9 December 2019 and, in accordance with s 54, will operate from 16 December 2019. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A