RSL Care Rdns Limited T/A Bolton Clarke Allity

[2022] FWCA 3433

[2022] FWCA 3433

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

RSL Care Rdns Limited T/A Bolton Clarke Allity

(AG2022/3889)

Bolton Clarke (Allity) Enterprise Agreement (Victoria) 2022

Aged care industry
COMMISSIONER WILSON	MELBOURNE, 5 OCTOBER 2022

Application for approval of the Bolton Clarke (Allity) Enterprise Agreement (Victoria) 2022

1. An application has been made for approval of an enterprise agreement known as the Bolton Clarke (Allity) Enterprise Agreement (Victoria) 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RSL Care Rdns Limited T/A Bolton Clarke Allity. The Agreement is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the agreement.

1. 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.

1. The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Health Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 October 2022. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE517649  PR746508>

Annexure A