The Trustee for the Arc Unit Trust T/A Arcare Pty Ltd
[2023] FWCA 1611
•2 JUNE 2023
| [2023] FWCA 1611 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Trustee for the Arc Unit Trust T/A Arcare Pty Ltd
(AG2023/934)
ARCARE PTY LTD, NSWNMA/ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH, (NSW AND ACT) ENTERPRISE AGREEMENT 2023
| Aged care industry | |
| COMMISSIONER P RYAN | SYDNEY, 2 JUNE 2023 |
Application for approval of the Arcare Pty Ltd, NSWNMA/ANMF NSW Branch and HSU New South Wales Branch, (NSW and ACT) Enterprise Agreement 2023
The Trustee for the Arc Unit Trust (Employer) has made an application for approval of an enterprise agreement known as the Arcare Pty Ltd, NSWNMA/ANMF NSW Branch and HSU New South Wales Branch, (NSW and ACT) Enterprise Agreement 2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Regulation 2.06 Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (FW Regulations). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.
Section 190 Undertakings
The Employer 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. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
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.
Section 183 Bargaining Representatives
The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.
In accordance with s.201(2), I note that the Agreement covers the ANMF and the HSU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2023. The nominal expiry date of the Agreement is 30 June 2024.
COMMISSIONER
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