Roseneath Aged Care Centre

[2013] FWCA 7456

[2013] FWCA 7456

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roseneath Aged Care Centre
(AG2013/6933)

ROSENEATH AGED CARE CENTRE NSWNMA & HSU NSW BRANCH ENTERPRISE AGREEMENT 2012

Aged care industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 26 SEPTEMBER 2013

Application for approval of the Roseneath Aged Care Centre, NSWNMA & HSU NSW Branch Enterprise Agreement 2012.

[1] On 25 September 2013 the Full Bench granted permission to appeal 1 to Roseneath Aged Care Centre against my decisions2 to dismiss the application for approval of the Roseneath Aged Care Centre, NSWNMA & HSU NSW Branch Enterprise Agreement 2012 (the Agreement).

[2] At the hearing of the appeal, Roseneath advised that it was prepared to offer an undertaking which would resolve the issue which caused me to reject the application for approval of the Agreement.

[3] The bargaining representatives, the Health Services Union - NSW Branch and the NSW Nurses and Midwives’ Association and the Australian Nursing Federation- New South Wales Branch agree to the undertaking.

[4] The application for approval was remitted to me for approval conditional upon the undertaking being provided as I had indicated I would do in the decision under appeal. 3

[5] The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Roseneath Aged Care Centre. The agreement is a single enterprise agreement.

[6] 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.

[7] 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.

[8] The Health Services Union, the New South Wales Nurses and Midwives’ Association and the Australian Nursing Federation NSW, 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 the organisation.

[9]
The Agreement was approved on 26 September 2013 and, in accordance with s.54, will operate from 3 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

ANNEXURE A

 1   [2013] FWCFB 7430 at [2]

 2   [2013] FWC 4969 and [2013] FWC 5338

 3   [2013] FWCFB 7430 at [5]

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