The Buckland Convalescent Hospital T/A Buckland Aged Care Services

[2017] FWCA 4581

[2017] FWCA 4581

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

The Buckland Convalescent Hospital T/A Buckland Aged Care Services

(AG2017/2808)

Buckland Aged Care Services, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017

Aged care industry
Commissioner Saunders	MELBOURNE, 4 SEPTEMBER 2017

Application for approval of the Buckland Aged Care Services, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017.

1. An application has been made for approval of an enterprise agreement known as Buckland Aged Care Services, NSWNMA, ANMF NSW Branch and HSU New South Wales Branch Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Buckland Convalescent Hospital T/A Buckland Aged Care Services. The Agreement is a single enterprise agreement.

1. 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.

1. 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.

1. Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

1. 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.

1. 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.

1. The Australian Nursing and Midwifery Federation, New South Wales Nurses and Midwives’ Association and Health Services Union of Australia 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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Annexure A