Resthaven Incorporated

[2013] FWCA 4466

[2013] FWCA 4466

FAIR WORK COMMISSION

DECISION

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

Resthaven Incorporated
(AG2013/1608)

RESTHAVEN INCORPORATED RESIDENTIAL AGED CARE AND COMMUNITY SERVICES ENTERPRISE AGREEMENT 2013-2016

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 5 JULY 2013

Application for approval of the Resthaven Incorporated Residential Aged Care and Community Services Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Resthaven Incorporated Residential Aged Care and Community Services Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Resthaven Incorporated. The Agreement is a single-enterprise agreement.

[2] I am 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.

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

[4] The employer submitted proposed written undertakings with the application to clarify the parties’ intentions. The undertakings are appended to the application as approved.

[5] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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