Ability Centre Australasia Ltd
[2023] FWCA 830
•17 MARCH 2023
| [2023] FWCA 830 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ability Centre Australasia Ltd
(AG2023/515)
ABILITY WA THERAPY, PROFESSIONAL AND ADMINISTRATIVE EMPLOYEES AGREEMENT (HSU) 2023
| Health and welfare services | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 17 MARCH 2023 |
Application for approval of the Ability WA Therapy, Professional and Administrative Employees Agreement (HSU) 2023.
An application has been made for approval of an enterprise agreement known as the Ability WA Therapy, Professional and Administrative Employees Agreement (HSU) 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, Ability Centre Australasia Ltd. The Agreement is a single enterprise agreement.
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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Health Services Union (HSU) 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.
The Agreement was approved on 17 March 2023 and, in accordance with s.54 of the Act, will operate from 24 March 2023. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE519511 PR760401>
Annexure A
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