Prom Country Aged Care Incorporated

[2014] FWCA 3895

[2014] FWCA 3895

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prom Country Aged Care Incorporated
(AG2014/6159)

APPLICATION FOR APPROVAL OF THE PROM COUNTRY AGED CARE INC., ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 12 JUNE 2014

Application for approval of the Prom Country Aged Care Inc., ANMF and HSU Enterprise Agreement 2014.

[1] On 23 May 2014 Prom Country Aged Care Incorporated (Applicant) made an application for approval of the Prom Country Aged Care Inc., 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. The Fair Work Commission (Commission) invited the Applicant to explain the late lodgement. On 10 June 2014 Mr M Rahilly for the Applicant advised that the Agreement was lodged late due to the need to obtain instructions and clarification as to some of the questions on Form F17 and in obtaining signatures for the agreement and declaration. 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 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 1 August 2017

COMMISSIONER

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