TLC Aged Care Pty Ltd T/A TLC Aged Care

[2018] FWCA 7131

[2018] FWCA 7131

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TLC Aged Care Pty Ltd T/A TLC Aged Care
(AG2018/2753)

TLC AGED CARE VICTORIA, ANMF AND HSU ENTERPRISE AGREEMENT 2017 - 2022

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 NOVEMBER 2018

Application for approval of the TLC Aged Care Victoria, ANMF and HSU Enterprise Agreement 2017 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the TLC Aged Care Victoria, ANMF and HSU Enterprise Agreement 2017 - 2022
[2] (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TLC Aged Care Pty Ltd T/A TLC Aged Care. The Agreement is a single enterprise agreement.

[3] The Employer 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.

[4] 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.

[5] 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.

[6] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) being 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 the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2018. The nominal expiry date of the Agreement is 31 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE500823  PR702503>

Annexure A