South Eastern Nursing and Home Care Association Incorporated T/A South Eastern Community Care

[2018] FWCA 7646

[2018] FWCA 7646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Eastern Nursing and Home Care Association Incorporated T/A South Eastern Community Care
(AG2018/2506)

SOUTH EASTERN COMMUNITY CARE COMMUNITY AND DISABILITY SUPPORT WORKERS ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	SYDNEY, 21 DECEMBER 2018

Application for approval of the South Eastern Community Care Community and Disability Support Workers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the South Eastern Community Care Community and Disability Support Workers Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South Eastern Nursing and Home Care Association Incorporated T/A South Eastern Community Care. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to 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.

[6] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation 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 organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A