Residential Gardens and Health Services Union and the New South Wales Nurses’ Federation and the Australian Nursing Federation

[2009] FWA 289

[2009] FWA 289

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Residential Gardens

and

Health Services Union and the New South Wales Nurses’ Federation and the Australian Nursing Federation

(AG2009/12829)

RESIDENTIAL GARDENS FOR SPANISH SPEAKING FRAIL AGED LIMITED NSWNA & HSU ENTERPRISE AGREEMENT 2009

Health and welfare services
COMMISSIONER RAFFAELLI	SYDNEY, 14 SEPTEMBER 2009

Application for approval of the Residential Gardens for Spanish Speaking Frail Aged Limited NSWNA & HSU Enterprise Agreement 2009.

[1] An application has been made for approval of an enterprise agreement known as the Residential Gardens for Spanish Speaking Frail Aged Limited NSWNA & HSU Enterprise Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Residential Gardens. The agreement is a single-enterprise agreement.

[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.

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

[4] The Health Services Union and the New South Wales Nurses’ Association & the Australian Nursing Federation, 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) I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s.54, will operate from 21 September 2009. The nominal expiry date of the Agreement is 30 June 2011.

COMMISSIONER

 1   Item 2, Part 1, of Schedule 2.

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