Ukrainian Elderly People’s Home T/A Kalyna Care

Case

[2023] FWCA 974

3 APRIL 2023


[2023] FWCA 974

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ukrainian Elderly People’s Home T/A Kalyna Care

(AG2023/306)

UKRAINIAN ELDERLY PEOPLES HOME INC. (TRADING AS KALYNA CARE), ANMF AND HSU ENTERPRISE AGREEMENT 2022

Aged care industry

 DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 3 APRIL 2023

Application for approval of the Ukrainian Elderly Peoples Home Inc. (trading as Kalyna Care), ANMF and HSU Enterprise Agreement 2022

  1. An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Ukrainian Elderly Peoples Home Inc. (trading as Kalyna Care), ANMF and HSU Enterprise Agreement 2022 (Agreement).

  1. 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. The undertakings are taken to be a term of the Agreement.

  1. 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.

  1. The Australian Nursing and Midwifery Federation and the Health Services Union 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2023. The nominal expiry date of the Agreement is 31 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519641  PR760825>

Annexure A

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