RSL LifeCare Limited

[2013] FWCA 1466

[2013] FWCA 1466

FAIR WORK COMMISSION

DECISION

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

RSL LifeCare Limited
(AG2013/4471)

RSL LIFECARE NSWNMA & HSU NSW BRANCH ENTERPRISE AGREEMENT 2012

Aged care industry
COMMISSIONER CAMBRIDGE	SYDNEY, 8 MARCH 2013

Application for approval of the RSL LifeCare NSWNMA & HSU NSW Branch Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the RSL LifeCare NSWNMA & HSU NSW Branch Enterprise Agreement 2012(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application has been made by RSL LifeCare Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 17 January 2013. The application included a Statutory Declaration of Jane Brady made on behalf of the Employer and dated 15 January 2013, (the Declaration). The Declaration stated that the Agreement was made on 6 January 2013. Therefore the application was made within the 14 day lodgement time limit established by subsection 185 (3) (a) of the Act.

[3] The application for approval was listed for Hearing on 15 February 2013 at which time the following appearances were recorded:

Ms E Patton from Leading Age Services Australia, New South Wales, ACT Branch (LSA NSW-ACT) together with Ms J Brady appeared for the Employer;

Ms A McCosker appeared for the New South Wales Nurses and Midwives’ Association; and

Ms F Johnston appeared for the Health Services Union, New South Wales Branch (the HSU).

[4] During the proceeding held on 15 February, the Fair Work Commission (the Commission) identified various issues relating to the contents of the documentation provided with the application and certain terms contained in the Agreement which required clarification. Ms Patton, Ms McCosker and Ms Johnston provided some important clarifications during the Hearing. The Employer was invited to consider some residual issues raised by the Commission and to respond in writing. The Commission has received correspondence dated 5 March 2013, from LSA NSW-ACT, which included further material in support of the application.

[5] Consequently I have further considered the application for approval having regard for the clarifications provided during the Hearing and the further material in support of the application.

[6] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have further examined the contents of the Declaration in the context of the clarifications provided during the Hearing and the further material in support of the application. On the basis of this material I am satisfied that the procedural requirements of Part 2-4 of the Act have been met in this instance.

[7] I note that the Agreement contains a flexibility term at clause 7 and a consultation term at clause 8.

[8] The HSU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the HSU.

[9] The New South Wales Nurses and Midwives’ Association & the Australian Nursing Federation - New South Wales Branch being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by subsection 201 (2) of the Act I note that the Agreement covers the New South Wales Nurses and Midwives’ Association & the Australian Nursing Federation - New South Wales Branch.

[10] 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.

[11] The Agreement is approved. In accordance with subsection 54 (1) of the Act, the Agreement will operate from 15 March 2013. In accordance with clause 2(a) of the Agreement the nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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