OneCare Pty Ltd T/A OneCare Limited

[2019] FWCA 4957

[2019] FWCA 4957

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OneCare Pty Ltd T/A OneCare Limited
(AG2019/290)

ONECARE LTD GENERAL STAFF AGREEMENT 2018

Social, community, home care and disability services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 17 JULY 2019

Application for approval of the OneCare Ltd General Staff Agreement 2018.

[1] OneCare Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as OneCare Ltd General Staff 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 at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement.

[3] The application was not lodged within 14 days after the Agreement was made. The Employer provided submissions to the Commission on 14 May 2019 as to the explanation for the late lodgment. On the basis of that material, pursuant to s.185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the further material provided by the Employer, 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.

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

[6] The Agreement was approved on 17 July 2019 and, in accordance with s 54, will operate from 24 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

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<AE504471  PR710393>

Annexure A