Victorian Hospitals' Industrial Association

[2019] FWCA 4587

[2019] FWCA 4587

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Hospitals' Industrial Association
(AG2019/924)

SOMERCARE AGED CARE ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 2 JULY 2019

Application for approval of the Somercare Aged Care Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Somercare Aged Care Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victorian Hospitals’ Industrial Association. The Agreement is a single enterprise agreement.

[2] Upon lodgement of the application, the Applicant advised the Commission that the proposed agreement contained an error at page 62 in relation to Registered Nurse Grade 7. The Applicant requested that a correction be made in relation to the formatting and bed allowance percentage rates. A corrected version of the Agreement was also provided at lodgement.

[3] Section 586 of the Act provides that the Commission may allow a correction or amendment of any application, or other document relating to a matter before the Commission, on any terms that it considers appropriate. I am satisfied that it is appropriate in the circumstances to exercise the discretion available to the Commission under s.586 in this case, and to make the correction identified in the previous paragraph.

[4] 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.

[5] 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.

[6] The Australian Nursing and Midwifery Federation, and the Health Services Union of Australia 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

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Annexure A