The Society for the Mount Isa Memorial Garden Settlement for the Aged T/A The Laura Johnson Home

[2019] FWCA 8320

[2019] FWCA 8320

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Society for the Mount Isa Memorial Garden Settlement for the Aged T/A The Laura Johnson Home
(AG2019/3344)

THE LAURA JOHNSON HOME ENTERPRISE AGREEMENT 2019

Aged care industry
COMMISSIONER BOOTH	BRISBANE, 6 DECEMBER 2019

Application for approval of The Laura Johnson Home Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by The Society for the Mount Isa Memorial Garden Settlement for the Aged T/A The Laura Johnson Home (the Applicant) for approval of The Laura Johnson Home Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representatives on 1 October 2019, raising a number of concerns in relation to the Agreement.

[3] The Applicant provided signed undertakings addressing the concerns raised, on 2 October 2019.

[4] Subject to the Applicant representative’s availability, the matter was listed for a telephone conference before me on 4 December 2019, at which the bargaining representatives confirmed agreement with the signed undertakings as provided.

[5] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[6] Subject to the undertakings provided, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The Australian Nursing and Midwifery Federation (ANMF) and the Australian Workers’ Union (AWU) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(1), I note that the Agreement covers the ANMF and AWU.

[8] The Agreement is approved and, in accordance with s.54 of the Act and clause 2 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

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Attachment A