RusCare T/A Kronstadt Gardens Residential Aged Care

[2015] FWCA 1533

[2015] FWCA 1533

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RusCare T/A Kronstadt Gardens Residential Aged Care
(AG2014/11042)

RUSCARE LTD (TRADING AS KRONSTADT GARDENS RESIDENTIAL AGED CARE) ANF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 10 MARCH 2015

Application for approval of the RusCare Ltd (trading as Kronstadt Gardens Residential Aged Care ) ANF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the RusCare Ltd (trading as Kronstadt Gardens Residential Aged Care) ANF and HSU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RusCare Ltd (the Applicant).

[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 & Midwifery Federation, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement does not contain a consultation clause that meets the requirements of s.205(2) of the Act. Therefore, the model consultation term prescribed by the Fair Work Regulations 2009 is 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 17 March 2015. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

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Annexure