St Basil’s Homes For The Aged In Victoria
[2022] FWCA 3498
•10 OCTOBER 2022
| [2022] FWCA 3498 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
St Basil’s Homes For The Aged In Victoria
(AG2022/3909)
St Basil’s Homes for the Aged in Victoria, ANMF and HWU Enterprise Agreement 2022
| Aged care industry | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 10 OCTOBER 2022 |
Application for approval of the St Basil’s Homes for the Aged in Victoria, ANMF and HWU Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the St Basil’s Homes for the Aged in Victoria, ANMF and HWU Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, St Basil’s Homes For The Aged In Victoria. The Agreement is a single enterprise agreement.
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union (HSU), 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.
The Agreement was approved on 10 October 2022 and, in accordance with s.54 of the Act, will operate from 17 October 2022. The nominal expiry date of the Agreement is 1 February 2025.
DEPUTY PRESIDENT
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