Chirotherapy Pty Ltd

[2014] FWCA 683

[2014] FWCA 683

FAIR WORK COMMISSION

DECISION

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

Chirotherapy Pty Ltd
(AG2014/3435)

CHIROTHERAPY ENTERPRISE AGREEMENT

Health and welfare services
COMMISSIONER CAMBRIDGE	SYDNEY, 29 JANUARY 2014

Application for approval of the Chirotherapy Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Chirotherapy Enterprise Agreement(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chirotherapy Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 20 January 2014. The application included a Statutory Declaration of Mei Kam Wong made on behalf of the Employer and dated 16 January 2014, (the Declaration). The Declaration stated that the Agreement was made on 16 January 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 29 January 2014. I note that the Agreement contains a flexibility term at clause 44 and a consultation term at clause 45.

[5] 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.

[6] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 5 February 2014. The nominal expiry date of the Agreement as specified in clause 5 of the Agreement, is 1 December 2016.

COMMISSIONER

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