Park Beach Residence Pty Ltd as trustee for Park Beach Residence Unit Trust T/A The Shoreline
[2022] FWCA 1887
•8 JUNE 2022
| [2022] FWCA 1887 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Park Beach Residence Pty Ltd as trustee for Park Beach Residence Unit Trust T/A The Shoreline
(AG2022/1015)
The Shoreline Aged Care Services Enterprise Agreement 2022-2024
| Aged care industry | |
| COMMISSIONER MATHESON | SYDNEY, 8 JUNE 2022 |
Application for approval of The Shoreline Aged Care Services Enterprise Agreement 2022-2024.
An application has been made for approval of a greenfields agreement known as The Shoreline Aged Care Services Enterprise Agreement 2022-2024 (Agreement). The application was made by the Park Beach Residence Pty Ltd as trustee for Park Beach Residence Unit Trust T/A The Shoreline (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).
This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.
The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. 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.
Pursuant to s.190(3) of the Act, I accept the Undertakings.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.
Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.
In accordance with s.187(5) of the Act, I am satisfied that the Health Services Union and the Australian Nursing and Midwifery Federation are entitled to represent a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.
I note that, pursuant to s.53(2(b) of the Act, the Agreement was made with the Health Services Union and the Australian Nursing and Midwifery Federation and that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2022. The nominal expiry date of the Agreement is 30 September 2024.
COMMISSIONER
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Annexure A
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