St Luke's Care Ltd T/A St Luke's Homecare

[2014] FWCA 5827

[2014] FWCA 5827

FAIR WORK COMMISSION

DECISION

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

St Luke's Care Ltd T/A St Luke's Homecare
(AG2014/8477)

ST LUKE'S CARE TRADING AS ST LUKE'S HOMECARE (HOMECARE EMPLOYEES), NSWNMA/ANMF AND UNITED VOICE ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 22 AUGUST 2014

St Luke's Care trading as St Luke's Homecare (Homecare Employees), NSWNMA/ANMF and United Voice Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the St Luke's Care trading as St Luke's Homecare (Homecare Employees), NSWNMA/ANMF and United Voice Enterprise Agreement 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 Luke’s Care. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement. A copy of the model consultation term is attached to this decision.

[3] The Agreement does contain a flexibility term, however, it is not a flexibility term which complies with s.203(2) of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement. A copy of the model flexibility term is attached to this decision.

[4] The New South Wales Nurses and Midwives’ Association and the New South Wales Branch of Australian Nursing and Midwivery Federation, 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 these organisations.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2014. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

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