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austlii:cth/FWCA/2018/2596
procedural. The Agreement was approved on 9 May 2018 and, in accordance with s.54, will operate from 16 May 2018. The nominal expiry date of the Agreement is 31 May 2021.
The Fair Work Commission approved an enterprise agreement for Edith Bendall Lodge, an aged care facility. The employer had to provide written undertakings to address certain issues, which the Commission accepted because they wouldn't financially harm employees or substantially change the agreement. Although the agreement didn't cover all employees, the Commission was satisfied that the group of employees covered was 'fairly chosen' as required by law. The two unions involved (ANMF and HSU) were also covered by the agreement. The agreement began operating on 16 May 2018 and will expire on 31 May 2021.
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1 cited instrument linked from this judgment.
s.185 - Enterprise agreement
Edith Bendall Lodge T/A Edith Bendall Lodge Inc.
EDITH BENDALL LODGE INC., ANMF AND HSU ENTERPRISE AGREEMENT 2017
Application for approval of the Edith Bendall Lodge Inc., ANFM and HSU Enterprise Agreement 2017.
[1] An application has been made for approval of an enterprise agreement known as the Edith Bendall Lodge 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 Edith Bendall Lodge T/A Edith Bendall Lodge Inc. The Agreement is a single enterprise agreement.
[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[4] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) being a 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.
[5] The Agreement was approved on 9 May 2018 and, in accordance with s.54, will operate from 16 May 2018. The nominal expiry date of the Agreement is 31 May 2021.
Printed by authority of the Commonwealth Government Printer
The Agreement was approved on 9 May 2018 and, in accordance with s.54, will operate from 16 May 2018. The nominal expiry date of the Agreement is 31 May 2021.