St Laurence Community Services Inc.

[2013] FWCA 3407

[2013] FWCA 3407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Laurence Community Services Inc.
(AG2013/6334)

ST LAURENCE AGED CARE ENTERPRISE AGREEMENT - 2012-2014

Aged care industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 29 MAY 2013

Application for approval of the St Laurence Aged Care Enterprise Agreement - 2012-2014.

[1] An application has been made for approval of an enterprise agreement known as the

St Laurence Aged Care Enterprise Agreement - 2012-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by

St Laurence Community Services Inc. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Australian Nursing Federation, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Health Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 29 May 2013 and, in accordance with s.54, will operate from 5 June 2013. The nominal expiry date of the Agreement is 30 June 2014.

DEPUTY PRESIDENT

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ANNEXURE A