Ballarat Community Health Centre and others

[2013] FWCA 7875

[2013] FWCA 7875

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballarat Community Health Centre and others
(AG2013/8555)

VICTORIAN STAND-ALONE COMMUNITY HEALTH SERVICES (HEALTH AND ALLIED SERVICES, MANAGERS AND ADMINISTRATIVE OFFICERS) MULTIPLE ENTERPRISE AGREEMENT 2011-2015

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 9 OCTOBER 2013

Application for approval of the Victorian Stand-Alone Community Health Services (Health and Allied Services, Managers and Administrative Officers) Multiple Enterprise Agreement 2011-2015.

[1] On 15 August 2013 an application was made for approval of an enterprise agreement known as the Victorian Stand-Alone Community Health Services (Health and Allied Services, Managers and Administrative Officers) Multiple Enterprise Agreement 2011-2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by Victorian Hospitals’ Industrial Association (Applicant). The agreement is a multi enterprise agreement.

[2] On 24 September 2013 correspondence was sent to the Applicant and the Health Services Union - Victorian Branch (HSU) declaring that Commissioner Johns had an interest in one employer the Agreement is intended to cover. The Applicant and HSU confirmed both have no objection to Commissioner Johns dealing with this application.

[3] The Agreement was lodged within 14 days after it was made.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. The Commission is 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. In any case the Commission received correspondence from the HSU indicating its acceptance of the undertakings.

[5] Subject to the undertakings referred to above, the Commission is 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 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), the Commission notes that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54, will operate from 16 October 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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ANNEXURE A