UnitingCare NSW.ACT
[2013] FWCA 7363
•27 SEPTEMBER 2013
[2013] FWCA 7363 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
UnitingCare NSW.ACT
(AG2013/9309)
UNITINGCARE AGEING AGED CARE RESIDENTIAL & COMMUNITY SERVICES AGREEMENT (ACT) 2011-2013
Aged care industry | |
DEPUTY PRESIDENT BOOTH | SYDNEY, 27 SEPTEMBER 2013 |
Application for variation of the UnitingCare Ageing Aged Care Residential & Community Services Agreement (ACT) 2011-2013.
[1] An application has been made for approval of variations to the UnitingCare Aged Care Residential and Community Services Agreement (ACT) 2011 -2013 (the Agreement). The application has been made pursuant to s.210 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.
[2] In accordance with s.210(3)(a) of the Act, an application for approval of a variation must be lodged within 14 days after the variation is made. The variation was made on 27 August 2013, and date of lodgement was 9 September 2013. The application was therefore within the required timeframe pursuant to s.210(3)(a) of the Act.
[3] Amongst other things, the variation seeks to extend the duration of the current Agreement by a further 12 month period. The agreement as varied has a nominal expiry date of 30 June 2014.
[4] The variations to the Agreement were the subject of a ballot of Employees whereby a majority of Employees who voted in the ballot, approved the variations on 27 August 2013. Of the 64 full-time equivalent employees who cast a vote, all 64 full-time equivalent employees voted to approve the variation.
[5] I am satisfied that each of the requirements of s.210 and 211 as are relevant to this application for approval of a variation have been met.
[6] The variation to the agreement is approved and, in accordance with s.216 of the Act, will operate on and from 27 September 2013. The approved variations are annexed to this decision.
DEPUTY PRESIDENT
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