The Mary Ogilvy Homes Society

[2019] FWCA 3584

[2019] FWCA 3584

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Mary Ogilvy Homes Society
(AG2019/896)

THE MARY OGILVY HOMES SOCIETY NURSING & NON-NURSING STAFF AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 MAY 2019

Application for approval of the The Mary Ogilvy Homes Society Nursing & Non-Nursing Staff Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the The Mary Ogilvy Homes Society Nursing & Non-Nursing Staff Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Mary Ogilvy Homes Society. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (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.

[3] 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.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] 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.

[6] The Australian Nursing and Midwifery Federation, Tasmanian Branch and the Health Services Union, Tasmania Branch being a bargaining representatives for the Agreement, have given notice to be covered by the Agreement under s.183 of the Act. In accordance with s.201(2) of the Act, I note that the Agreement covers the Australian Nursing and Midwifery Federation, Tasmanian Branch and the Health Services Union, Tasmania Branch.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2019. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE503591  PR708639>

Annexure A