St Luke's Care Pty Ltd T/A St Luke's Aged Care

[2014] FWCA 5799

[2014] FWCA 5799

FAIR WORK COMMISSION

DECISION

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

St Luke's Care Pty Ltd T/A St Luke's Aged Care
(AG2014/8476)

ST LUKE'S CARE TRADING AS ST LUKE'S AGED CARE (NURSES) AND NSWNMA/ANF ENTERPRISE AGREEMENT 2014-2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 22 AUGUST 2014

St Luke's Care trading as St Luke's Aged Care (Nurses) and NSWNMA/ANMF Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the St Luke's Care trading as St Luke's Aged Care (Nurses) and NSWNMA/ANMF Enterprise Agreement 2014-2017 (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 Pty Ltd. 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.

[3] The New South Wales Nurses and Midvives’ Association & New South Wales Branch of 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.

[4] The Agreement does contain a flexibility term, however, it is not a flexibility term which complies with s.202(1) 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 and is attached to this decision.

[5] 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 and is attached to this decision.

[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 2017.

DEPUTY PRESIDENT

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