St Basil's Homes for the Aged in South Australia (Vasileias) Inc T/A St Basil's Homes (SA)
[2015] FWCA 4931
•21 JULY 2015
| [2015] FWCA 4931 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
St Basil's Homes for the Aged in South Australia (Vasileias) Inc T/A St Basil's Homes (SA)
(AG2015/3238)
ST BASIL'S HOMES (SA) NURSING AND AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2015
Aged care industry | |
COMMISSIONER HAMPTON | ADELAIDE, 21 JULY 2015 |
Application for approval of the St Basil's Homes (SA) Nursing and Aged Care Employees Enterprise Agreement 2015.
[1] An application has been made for approval of an enterprise agreement known as the St Basil’s Homes (SA) Nursing and Aged Care Employees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by St Basil’s Homes for the Aged in South Australia (Vasileias) Inc T/A St Basil’s Homes (SA). The Agreement is a single-enterprise agreement.
[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. In doing so, I confirm that I am satisfied that clause 7.1.16, which deals with the cashing out of annual leave, is not inconsistent with the National Employment Standards established by the Act. I also note that it common ground between the parties that clause 3.2, which deals with consultation, is to be read as a whole including sub-clause 3.2.11.
[3] The Australian Nursing and Midwifery Federation – South Australian Branch and United Voice, 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) of the Act I note that the Agreement covers the organisations.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2015. The nominal expiry date of the Agreement is 30 June 2018.
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