The Salvation Army (NSW) Property Trust T/A Aged Care Plus

[2018] FWCA 1836

[2018] FWCA 1836

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Salvation Army (NSW) Property Trust T/A Aged Care Plus
(AG2017/4921)

AGED CARE PLUS ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 MARCH 2018

Application for approval of the Aged Care Plus Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Aged Care Plus 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 Salvation Army (NSW) Property Trust T/A Aged Care Plus. 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. 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] 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.

[5] The Health Services Union, the Australian Nursing and Midwifery Federation, the Queensland Nurses and Midwives Union of Employees and the Australian Workers’ Union being a 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 these organisations.

[6] The Agreement was approved on 28 March 2018 and, in accordance with s.54, will operate from 4 April 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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Annexure A