The Commissioners of the Presbyterian Church in WA T/A Braemar Presbyterian Care

[2015] FWCA 2787

[2015] FWCA 2787

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Commissioners of the Presbyterian Church in WA T/A Braemar Presbyterian Care
(AG2015/650)

BRAEMAR PRESBYTERIAN CARE EMPLOYEES AGREEMENT 2013

Aged care industry
COMMISSIONER LEE	MELBOURNE, 23 APRIL 2015

Application for approval of the Braemar Presbyterian Care Employees Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Braemar Presbyterian Care Employees Agreement 2013. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Commissioners of the Presbyterian Church in WA T/A Braemar Presbyterian Care. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation 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) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 23 April 2015 and, in accordance with s.54 of the Act, will operate from 30 April 2015. The nominal expiry date of the Agreement is 1 October 2016.

COMMISSIONER

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ANNEXURE A