St Luke’s Care T/A St Luke’s Aged Care

[2017] FWCA 6328

[2017] FWCA 6328

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Luke’s Care T/A St Luke’s Aged Care
(AG2017/5111)

ST LUKE’S CARE TRADING AS ST LUKE’S AGED CARE (NURSES) AND NSWNMA/ANMF NSW BRANCH ENTERPRISE AGREEMENT 2017-2020

Health and welfare services
COMMISSIONER SAUNDERS	NEWCASTLE, 29 NOVEMBER 2017

Application for approval of the St Luke’s Care trading as St Luke’s Aged Care (Nurses) and NSWNMA/ANMF Enterprise Agreement 2017-2020.

[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 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives Association 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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Annexure A