decision - nswnma

1 Fair Work Act 2009 s.185—Enterprise agreement Arcare Pty Ltd (AG2017/2646) ARCARE PTY LTD NSWNMA/ANMF NSW BRANCH AND HSU NEW SOUTH WALES BRANCH, (NSW) ENTERPRISE AGREEMENT 2017 Aged care industry COMMISSIONER SAUNDERS NEWCASTLE, 18 SEPTEMBER 2017 Application for approval of the Arcare Pty Ltd NSWNMA/ANMF NSW Branch and HSU New South Wales Branch, (NSW) Enterprise Agreement 2017. [1] An application has been made for approval of an enterprise agreement known as the Arcare Pty Ltd NSWNMA/ANMF NSW Branch and HSU New South Wales Branch, (NSW) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Arcare Pty Ltd. The Agreement is a single enterprise agreement. [2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to: (a) cause financial detriment to any employee covered by the Agreement; or (b) result in substantial changes to the Agreement. [3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings. [4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. [5] Subject to the Undertakings, 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 New South Wales Nurses and Midwives’ Association, the Australian Nursing and Midwifery Federation, and 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. [2017] FWCA 4863 DECISION

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Fair Work Act 2009 s.185—Enterprise agreement

Arcare Pty Ltd(AG2017/2646)

ARCARE PTY LTD NSWNMA/ANMF NSW BRANCH AND HSU NEW

SOUTH WALES BRANCH, (NSW) ENTERPRISE AGREEMENT 2017

Aged care industry

COMMISSIONER SAUNDERS NEWCASTLE, 18 SEPTEMBER 2017

Application for approval of the Arcare Pty Ltd NSWNMA/ANMF NSW Branch and HSU New South Wales Branch, (NSW) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as theArcare Pty Ltd NSWNMA/ANMF NSW Branch and HSU New South Wales Branch, (NSW) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Arcare Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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 New South Wales Nurses and Midwives’ Association, the Australian Nursing and Midwifery Federation, and 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.

[2017] FWCA 4863

DECISION

[2017] FWCA 4863

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2017. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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