Animal Welfare League of Victoria T/A Lort Smith Animal Hospital

[2014] FWCA 1132

[2014] FWCA 1132

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Animal Welfare League of Victoria T/A Lort Smith Animal Hospital
(AG2014/19)

LORT SMITH ANIMAL HOSPITAL ENTERPRISE BARGAINING AGREEMENT 2013-2016

Animal care and veterinary services
COMMISSIONER LEWIN	MELBOURNE, 14 FEBRUARY 2014

Application for approval of the Lort Smith Animal Hospital Enterprise Agreement 2013-2016.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an Enterprise Agreement known as the Lort Smith Animal Hospital Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mr Andrew Schuette, of Simply HR, on behalf of the Animal Welfare League of Victoria T/A Lort Smith Animal Hospital (LSAH). The Agreement is a single Enterprise Agreement.

[2] On reading the terms of the Agreement, I became concerned that the terms of the Agreement might not meet the better off overall test prescribed by s.190 of the Act. I advised the Applicant of those concerns.

[3] Ms Lauren Spinelli of LSAH has provided written Undertakings. A copy of those Undertakings is attached in Annexure A. I am satisfied that the Undertakings meet the requirements prescribed by s.190 of the Act.

[4] Subject to the Undertakings referred to above, 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.

[5] An F18 Statutory declaration of employee representative in relation to application for approval of an enterprise agreement was lodged. That employee representative has been provided with a copy of the Undertakings. No objection to the Undertakings has been received.

[6] The Agreement together with the Undertakings is approved and in accordance with s.54 of the Act will operate from seven days after the approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

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Appendix A