Regis Aged Care Pty Ltd T/A Regis Aged Care

[2017] FWCA 5194

[2017] FWCA 5194

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Regis Aged Care Pty Ltd T/A Regis Aged Care
(AG2017/2535)

REGIS AGED CARE, ANMF SOUTH AUSTRALIA AND UNITED VOICE SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER MCKINNON	MELBOURNE, 6 OCTOBER 2017

Application for approval of the Regis Aged Care, ANMF South Australia and United Voice South Australia Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Regis Aged Care, ANMF South Australia and United Voice South Australia Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Regis Aged Care Pty Ltd T/A Regis Aged Care. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] I have had regard to the concerns raised in the Form F18 Statutory Declarations lodged by the Australian Nursing and Midwifery Federation and United Voice and the response from the Applicant in relation to those concerns dated 24 July 2017.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2017. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

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Annexure A