Shepparton Retirement Villages Inc t/a Shepparton Villages

[2021] FWCA 846

[2021] FWCA 846

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shepparton Retirement Villages Inc t/a Shepparton Villages
(AG2020/4103)

SHEPPARTON RETIREMENT VILLAGES INC. (TRADING AS SHEPPARTON VILLAGES), ANMF AND HSU ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 17 FEBRUARY 2021

Application for approval of the Shepparton Retirement Villages Inc. (trading as Shepparton Villages), ANMF and HSU Enterprise Agreement 2019.

[1] Shepparton Retirement Villages Inc t/a Shepparton Villages has applied for approval of a single enterprise agreement known as the Shepparton Retirement Villages Inc. (trading as Shepparton Villages), ANMF and HSU Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the pre-approval requirements were met and whether the agreement passes the better off overall test. Further information was provided in relation to these concerns, which the bargaining representatives did not oppose.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[5] The Australian Nursing and Midwifery Federation and the Health Services Union, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement was approved on 17 February 2021 and, in accordance with s.54, will operate from 24 February 2021. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE510466  PR727057>

Annexure A