The Trustee for the Barden Lodge Trust T/A Advantaged Care at Barden Lodge

[2016] FWCA 1537

[2016] FWCA 1537

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Barden Lodge Trust T/A Advantaged Care at Barden Lodge
(AG2016/428)

ADVANTAGED CARE AT BARDEN LODGE NON CLINICAL STAFF ENTERPRISE AGREEMENT 2016 - 2018

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 10 MARCH 2016

Application for approval of the Advantaged Care at Barden Lodge Non Clinical Staff Enterprise Agreement 2016 - 2018.

[1] On 25 February 2016 The Trustee for the Barden Lodge Trust T/A Advantaged Care at Barden Lodge (Applicant) made an application for approval of the Advantaged Care at Barden Lodge Non Clinical Staff Enterprise Agreement 2016 - 2018 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Health Services Union of Australia has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Health Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 17 March 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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Annexure A