St Louis Nursing Home Pty Ltd

[2014] FWCA 2369

[2014] FWCA 2369

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

St Louis Nursing Home Pty Ltd
(AG2014/654)

ST LOUIS NURSING HOME PTY LTD & AUSTRALIAN NURSING AND MIDWIFERY FEDERATION SOUTH AUSTRALIAN BRANCH ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 9 APRIL 2014

Application for approval of the St Louis Nursing Home Pty Ltd & Australian Nursing and Midwifery Federation South Australian Branch Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the St Louis Nursing Home Pty Ltd & Australian Nursing and Midwifery Federation South Australian Branch Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by St Louis Nursing Home Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Australian Nursing and Midwifery 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) of the Act I note that the Agreement covers the organisation.

[3] On 3 April 2014, I wrote to the parties to seek clarification about aspects of the Agreement.

[4] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved.

[5] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2014. The nominal expiry date of the Agreement is 1 January 2018.

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