Southern Cross Care (Vic)

Case

[2014] FWCA 7402

20 OCTOBER 2014

No judgment structure available for this case.

[2014] FWCA 7402
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Southern Cross Care (Vic)
(AG2014/7472)

SOUTHERN CROSS CARE (VIC) NURSES AND HEALTH AND ALLIED SERVICES EMPLOYEES ENTERPRISE AGREEMENT 2014

Aged care industry

COMMISSIONER JOHNS

MELBOURNE, 20 OCTOBER 2014

Application for approval of the Southern Cross Care (Vic) Nurses and Health and Allied Services Employees Enterprise Agreement 2014.

[1] On 10 September 2014 Southern Cross Care (Vic) (Applicant) made an application for approval of the Southern Cross Care (Vic) Nurses and Health and Allied Services Employees Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. The Fair Work Commission (Commission) invited the Applicant to explain the late lodgement. On 17 October 2014 Mr Kam Radzikowski, the Applicant’s Employment Relations Consultant, advised that the Agreement was lodged late due to a period of unplanned leave. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] The Commission is 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.

[4] The Australian Nursing and Midwifery Federation and Health Services Union, 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 27 October 2014. The nominal expiry date of the Agreement is 1 June 2017.

COMMISSIONER

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