Family Planning NSW

Case

[2014] FWCA 3182

14 MAY 2014

No judgment structure available for this case.

[2014] FWCA 3182

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Family Planning NSW
(AG2014/830)

FAMILY PLANNING NSW ADMINISTRATIVE, PROFESSIONAL AND MANAGERIAL ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services

DEPUTY PRESIDENT BOOTH

SYDNEY, 14 MAY 2014

Application for approval of the Family Planning NSW Administrative, Professional and Managerial Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Family Planning NSW Administrative, Professional and Managerial 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 Family Planning NSW. The agreement is a single-enterprise agreement.

[2] The Australian Municipal, Administrative, Clerical and Services Union, NSW & ACT (Services) Branch, 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) of the Act, I note that the Agreement covers the organisation.

[3] The Agreement does contain a flexibility term, however, it is not a flexibility term which complies with 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2014. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

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