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austlii:cth/FWCA/2019/2215
procedural. The Carinya Lodge Homes Inc., ANMF and HSU Enterprise Agreement 2017 was approved and will operate from 10 April 2019 with a nominal expiry date of 31 May 2021.
The Fair Work Commission approved an enterprise agreement for an aged care facility. The employer provided undertakings that met the statutory criteria. Although one clause was inconsistent with the National Employment Standards, the agreement contained a clause ensuring the NES would prevail. The nurses' union, as a bargaining representative, was covered by the agreement after giving proper notice. The agreement will operate from 10 April 2019 until 31 May 2021.
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1 cited instrument linked from this judgment.
s.185 - Enterprise agreement
CARINYA LODGE HOMES INC., ANMF AND HSU ENTERPRISE AGREEMENT 2017
Application for approval of the Carinya Lodge Homes Inc., ANMF and HSU Enterprise Agreement 2017.
[1] An application has been made for approval of an enterprise agreement known as the Carinya Lodge Homes Inc., ANMF and HSU 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 Carinya Lodge Homes Inc. The Agreement is a single enterprise agreement.
[2] 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.
[3] 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.
[4] I note that Clause 54.5 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
[5] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2019. The nominal expiry date of the Agreement is 31 May 2021.
Printed by authority of the Commonwealth Government Printer
The Carinya Lodge Homes Inc., ANMF and HSU Enterprise Agreement 2017 was approved and will operate from 10 April 2019 with a nominal expiry date of 31 May 2021.