Brisbane Water (NSW) Legacy

[2014] FWCA 8283

[2014] FWCA 8283

FAIR WORK COMMISSION

DECISION

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

Brisbane Water (NSW) Legacy
(AG2014/9538)

BRISBANE WATER (NSW) LEGACY, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017

Aged care industry
COMMISSIONER CAMBRIDGE	SYDNEY, 20 NOVEMBER 2014

Application for approval of the Brisbane Water (NSW) Legacy, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Brisbane Water (NSW) Legacy, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brisbane Water (NSW) Legacy (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 13 October 2014. The application included a Statutory Declaration of Peter Eric Lawley made on behalf of the Employer and dated 30 September 2014, (the Declaration). The Declaration stated that the Agreement was made on 30 September 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 20 November 2014. I note that the file has included a Statutory Declaration of Gerard Hayes made on behalf of the Health Services Union (the HSU), as an employee organisation in relation to the application. I also note that the file has included a Statutory Declaration of Benjamin Morwitzer made on behalf of the New South Wales Nurses and Midwives' Association (the NSWNMA) and the Australian Nursing and Midwifery Federation (the ANMF), as employee organisations in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 8 and a consultation term at clause 31.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the HSU.

[8] The NSWNMA and the ANMF, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that each wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the NSWNMA and the ANMF.

[9] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 27 November 2014. The nominal expiry date of the Agreement as specified in clause 5 of the Agreement, is 30 June 2017.

COMMISSIONER

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