Warrigal Care T/A Warrigal Care
[2022] FWCA 4233
•1 DECEMBER 2022
| [2022] FWCA 4233 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Warrigal Care T/A Warrigal Care
(AG2022/4631)
Warrigal and NSW Nurses and Midwives’ Association, Australian Nursing and Midwifery Federation NSW Branch, Health Services Union NSW/ACT/QLD Branch and the Australian Nursing and Midwifery Federation – Australian Capital Territory Branch Enterprise Agreement 2022
| Aged care industry | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 1 DECEMBER 2022 |
Application for approval of the Warrigal and NSW Nurses and Midwives’ Association, Australian Nursing and Midwifery Federation NSW Branch, Health Services Union NSW/ACT/QLD Branch and the Australian Nursing and Midwifery Federation – Australian Capital Territory Branch Enterprise Agreement 2022.
Warrigal Care T/A Warrigal Care (the Employer) has made an application for the approval of the Warrigal and NSW Nurses and Midwives’ Association, Australian Nursing and Midwifery Federation NSW Branch, Health Services Union NSW/ACT/QLD Branch and the Australian Nursing and Midwifery Federation – Australian Capital Territory Branch Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
The Australian Nursing and Midwifery Federation – ACT Branch and NSW Branch (ANMF) and Health Services Union (HSU) were bargaining representatives for the Agreement and 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 ANMF and the HSU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2022. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE518395 PR748516>
Annexure A
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