Prom Country Aged Care Inc.

[2020] FWCA 1651

[2020] FWCA 1651

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prom Country Aged Care Inc.
(AG2020/381)

PROM COUNTRY AGED CARE ENTERPRISE AGREEMENT 2020

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 27 MARCH 2020

Application for approval of the Prom Country Aged Care Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Prom Country Aged Care Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Prom Country Aged Care Inc. 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union (HSU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 27 March 2020 and, in accordance with s.54, will operate from 3 April 2020. The nominal expiry date of the Agreement is 1 August 2021.

COMMISSIONER

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<AE507590  PR717854>

Annexure A