Westmont Aged Care Services Ltd

Case

[2023] FWCA 1614

2 JUNE 2023


[2023] FWCA 1614

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Westmont Aged Care Services Ltd

(AG2023/1518)

WESTMONT AGED CARE SERVICES LTD, ANMF AND HSU ENTERPRISE AGREEMENT 2022-2024

Aged care industry

DEPUTY PRESIDENT BELL

MELBOURNE, 2 JUNE 2023

Application for approval of the Westmont Aged Care Services Ltd, ANMF and HSU Enterprise Agreement 2022-2024.

  1. An application has been made for approval of an enterprise agreement known as the Westmont Aged Care Services Ltd, ANMF and HSU Enterprise Agreement 2022-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, Westmont Aged Care Services Ltd. The Agreement is a single enterprise agreement.

  1. Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 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 sections 186(3) and (3A). I am satisfied that the group of employees was fairly chosen.

  1. The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union (HSU), 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.

  1. The Agreement was approved on 2 June 2023 and, in accordance with s.54 of the Act, will operate from 9 June 2023. The nominal expiry date of the Agreement is 31 December 2024.


DEPUTY PRESIDENT

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