Pakenham and District Hospitals Inc. T/A Millhaven Lodge

[2014] FWCA 3889

[2014] FWCA 3889

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pakenham and District Hospitals Inc. T/A Millhaven Lodge
(AG2014/6181)

APPLICATION FOR APPROVAL OF THE PAKENHAM AND DISTRICT HOSPITALS INC. (TRADING AS MILLHAVEN LODGE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 12 JUNE 2014

Application for approval of the Pakenham and District Hospitals Inc. (trading as Millhaven Lodge), ANMF and HSU Enterprise Agreement 2014.

[1] On 27 May 2014 Pakenham and District Hospitals Inc. T/A Millhaven Lodge (Applicant) made an application for approval of the Pakenham and District Hospitals Inc. (trading as Millhaven Lodge), ANMF and HSU Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single -enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. On their Form F17 the Applicant advised that the Agreement was lodged late due the email being misplaced by the Applicant’s Industrial Relations consultant. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] 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 want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 19 June 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code O, AE408574  PR551944>