Sundale Limited T/A Sundale

[2016] FWCA 6026

[2016] FWCA 6026

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sundale Limited T/A Sundale
(AG2016/1655)

SUNDALE LTD ENTERPRISE AGREEMENT 2016 - 2018

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 25 AUGUST 2016

Application for approval of the Sundale LTD Enterprise Agreement 2016 - 2018.

[1] On 27 June 2016, Sundale Limited T/A Sundale (Applicant) made an application for approval of the Sundale LTD Enterprise Agreement 2016 - 2018 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Nursing and Midwifery Federation, The Australian Workers’ Union, the Queensland Nurses’ Union of Employees and United Voice, 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), the Commission notes that the Agreement covers these organisations.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 1 September 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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Annexure A