Good Samaritan Industries

[2016] FWCA 7783

[2016] FWCA 7783

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Good Samaritan Industries
(AG2016/4150)

GOOD SAMARITAN INDUSTRIES ENTERPRISE AGREEMENT 2016

Miscellaneous
COMMISSIONER LEE	MELBOURNE, 27 OCTOBER 2016

Application for approval of the Good Samaritan Industries Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Good Samaritan Industries Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Good Samaritan Industries. The Agreement is a single enterprise agreement.

[2] I listed the matter for hearing by video link on 18 October 2016 to deal with concerns in relation to clause 4(2) of the Agreement, being whether or not the coverage clause of the Agreement meets the requirements of s.186(3) and s.186(3A) of the Act. The Applicant proffered an undertaking in relation to clause 4(2) of the Agreement and after hearing from the parties and subject to that undertaking, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Health Services Union of Australia, United Voice and the Transport Workers’ Union of Australia 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) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Appearances:

J Lilleyman for the Applicant

P Marcano for the Health Services Union

S L’Herpiniere for the Health Services Union

J Robb for United Voice

C Mullane on his own behalf

Hearing details:

2016.

Melbourne by video link to Perth:

18 October.

Printed by authority of the Commonwealth Government Printer

<Price code G, AE421925  PR586947>

ANNEXURE A