Sunnyside Lutheran Retirement Village

[2014] FWCA 9426

[2014] FWCA 9426

FAIR WORK COMMISSION

DECISION

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

Sunnyside Lutheran Retirement Village
(AG2014/9780)

SUNNYSIDE LUTHERAN RETIREMENT VILLAGE NURSES AND HASA STAFF ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 24 DECEMBER 2014

Application for approval of the Sunnyside Lutheran Retirement Village Nurses and HASA Staff Enterprise Agreement 2014.

[1] On 5 November 2014 Sunnyside Lutheran Retirement Village (Applicant) made an application for approval of the Sunnyside Lutheran Retirement Village Nurses and HASA Staff Enterprise Agreement 2014 (Agreement). The application was signed by Ms Niki Howells-Schramm of the Victorian Employers Chamber of Commerce and Industry. Noting that the application was not signed by the Applicant, the Commission, as presently constituted, invited the Applicant to correct the application. On 19 December 2014 the Applicant filed an amended application, signed by Mr Peter Jenkin, Chief Executive Officer of the Applicant. 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 a written undertaking. A copy of the undertaking is attached as Annexure A. The Commission is satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. In any case, the Australian Nursing and Midwifery Federation and employee representatives have signed the undertaking to indicate their support.

[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] 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 31 December 2014. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

ANNEXURE A

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