The Mary Potter Nursing Home and Ethel Forrest Day Care Centre Pty Ltd

[2013] FWCA 7993

[2013] FWCA 7993

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Mary Potter Nursing Home and Ethel Forrest Day Care Centre Pty Ltd
(AG2013/9399)

THE FORREST CENTRE, COMMUNITY SERVICES, CASE WORKERS ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 14 OCTOBER 2013

Application for approval of The Forrest Centre, Community Services, Case Workers Enterprise Agreement 2013.

[1] On 13 September 2013 an application was made for approval of an enterprise agreement known as The Forrest Centre, Community Services, Case Workers Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by The Mary Potter Nursing Home and Ethel Forrest Day Care Centre Pty Ltd (Applicant). The agreement is a single enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. In the covering email to the application, the Applicant’s representative advised the application was lodged late due to difficulties in obtaining employee representative signatures on the Agreement. The issue was compounded when the Applicant’s representative responsible for lodging the application was absent from work due to illness. In all the circumstances the Commission considers it fair to extent the period for lodgement and does so pursuant to section 185(3)(b).

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 21 October 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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