DPG Services Pty Ltd

[2013] FWCA 6370

[2013] FWCA 6370

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DPG Services Pty Ltd
(AG2013/2284)

DOMAIN PRINCIPAL GROUP (NSW FACILITIES) ENTERPRISE AGREEMENT 2013

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 30 AUGUST 2013

Application for approval of the Domain Principal Group (NSW Facilities) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Domain Principal Group (NSW Facilities) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DPG Services Pty Ltd. The agreement is a single-enterprise agreement.

[2] Undertakings have been provided by Mr Gary Barnier, Managing Director, Domain Principal Group, who is authorised to make this undertaking pursuant to s.190 of the Act for the applicant. The written undertakings concerning clauses 15.3, 33.4(e) and 33.5(c) will be taken to be terms of the Agreement pursuant to s.191 of the Act. Copies of the undertakings are attached as Annexures A and B to this decision.

[3] The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement.

[4] 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.

[5] The Health Services Union, NSW Branch, the New South Wales Nurses and Midwives’ Association, and the Australian Nursing Federation, NSW Branch, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Annexure A

Annexure B

Printed by authority of the Commonwealth Government Printer

<Price code J, AE403601  PR541029>