UnitingCare NSW.ACT

[2014] FWCA 8332

[2014] FWCA 8332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UnitingCare NSW.ACT
(AG2014/7846)

UNITINGCARE AGED CARE RESIDENTIAL & COMMUNITY SERVICES AGREEMENT (NSW) 2014-2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 21 NOVEMBER 2014

Application for approval of the UnitingCare Aged Care Residential & Community Services Agreement (NSW) 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the UnitingCare Aged Care Residential & Community Services Agreement (NSW) 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UnitingCare NSW.ACT. The agreement is a single-enterprise agreement.

[2] The Health Services Union New South Wales Branch, the New South Wales Branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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) of the Act, I note that the Agreement covers these organisations.

[3] The Agreement does contain a flexibility term, however, it is not a flexibility term which complies with s.202(1) of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement and is attached to this decision.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

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