Tully Nursing Home Inc.
[2022] FWCA 1739
•27 MAY 2022
| [2022] FWCA 1739 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Tully Nursing Home Inc.
(AG2022/1234)
Tully Nursing Home Enterprise Agreement 2021-2022
| Aged care industry | |
| COMMISSIONER SIMPSON | BRISBANE, 27 MAY 2022 |
Application for approval of the Tully Nursing Home Enterprise Agreement 2021-2022
An application has been made for approval of an enterprise agreement known as the Tully Nursing Home Enterprise Agreement 2021-2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tully Nursing Home Inc. (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
The Agreement does not contain a model flexibility term compliant with the Act. 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
The Australian Nursing and Midwifery Federation (ANMF) and the Australian Workers’ Union (AWU) both lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the ANMF and the AWU.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
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