Foundation Housing Ltd
[2013] FWCA 7330
•23 SEPTEMBER 2013
[2013] FWCA 7330 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Foundation Housing Ltd
(AG2013/2810)
FOUNDATION HOUSING ENTERPRISE AGREEMENT 2013
Social, community, home care and disability services | |
COMMISSIONER CLOGHAN | PERTH, 23 SEPTEMBER 2013 |
Application for approval of the Foundation Housing Enterprise Agreement 2013.
[1] On 11 September 2013, Foundation Housing Ltd made application for approval of a single enterprise agreement to be known as the Foundation Housing Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).
[2] The Agreement was made following a ballot on 6 September 2013.
[3] The Fair Work 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 Municipal, Administrative, Clerical and Services Union (ASU) has declared that the ASU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ASU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the ASU has given notice that, pursuant to s.183 of the FW Act, it wants 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 30 September 2013.
[7] The nominal expiry date of this Agreement is 29 September 2016.
COMMISSIONER
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