Tandara Lodge Community Care Inc.

[2020] FWCA 5655

[2020] FWCA 5655

FAIR WORK COMMISSION

DECISION

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

Tandara Lodge Community Care Inc.
(AG2020/2511)

TANDARA LODGE COMMUNITY CARE INC. GENERAL STAFF ENTERPRISE AGREEMENT 2020

Aged care industry
COMMISSIONER CIRKOVIC	MELBOURNE, 22 OCTOBER 2020

Application for approval of the The Tandara Lodge Community Care Inc. General Staff Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the The Tandara Lodge Community Care Inc. General Staff Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tandara Lodge Community Care Inc. The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Health Services Union, 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) I note that the Agreement covers the organisation.

[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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 22 October 2020 and, in accordance with s.54, will operate from 29 October 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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