Uniting AgeWell Limited T/A Uniting AgeWell

[2019] FWCA 7563

[2019] FWCA 7563

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uniting AgeWell Limited T/A Uniting AgeWell
(AG2019/2573)

UNITING AGEWELL ENTERPRISE AGREEMENT (TASMANIA) 2018 - 2022

Social, community, home care and disability services
COMMISSIONER CIRKOVIC	MELBOURNE, 1 NOVEMBER 2019

Application for approval of the Uniting AgeWell Enterprise Agreement (Tasmania) 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Uniting AgeWell Enterprise Agreement (Tasmania) 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Uniting AgeWell Limited T/A Uniting AgeWell. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Nursing and Midwifery Federation and Health Services Union of Australia, each being a bargaining representative 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.

[5] The Agreement was approved on 1 November 2019 and, in accordance with s.54, will operate from 8 November 2019. The nominal expiry date of the Agreement is 2 January 2023.

COMMISSIONER

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<AE505975  PR713943>

Annexure A