DPG Services Pty Ltd T/A Opal Aged Care

[2015] FWCA 5213

[2015] FWCA 5213

FAIR WORK COMMISSION

DECISION

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

DPG Services Pty Ltd T/A Opal Aged Care
(AG2015/4053)

OPAL AGED CARE (WESTERN AUSTRALIAN FACILITIES) ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER CLOGHAN	PERTH, 3 AUGUST 2015

Application for approval of the Opal Aged Care (Western Australian Facilities) Enterprise Agreement 2015.

[1] On 20 July 2015, DPG Services Pty Ltd T/A Opal Aged Care made application for approval of a single enterprise agreement to be known as the Opal Aged Care (Western Australian Facilities) Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 7 July 2015.

[3] The Fair Work Commission (Commission) must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Nursing and Midwifery Federation (ANMF), Health Services Union (HSU) and United Voice have declared that the ANMF, HSU and United Voice were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ANMF, HSU and United Voice support the approval of the Agreement by the Commission and have read and agree with the Employer’s statutory declaration in support of the application, insofar as it is within their knowledge. Finally, the ANMF, HSU and United Voice have given notice that, pursuant to s.183 of the FW Act, they want to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 10 August 2015.

[7] The nominal expiry date of this Agreement is 30 June 2018.

COMMISSIONER

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