Healthscope Limited

[2013] FWCA 719

[2013] FWCA 719

FAIR WORK COMMISSION

DECISION

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

Healthscope Limited
(AG2013/121)

AWU/HEALTHSCOPE LIMITED STAFF COLLECTIVE AGREEMENT 2012 - 2015

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 31 JANUARY 2013

Application for approval of the AWU/Healthscope Limited Staff Collective Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the AWU/Healthscope Limited Staff Collective Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Healthscope Limited. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 18 January 2013.

[3] 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.

[4] I note that Part 11 of the State Award as apparently incorporated is subject to clause 2.1 of the Agreement and the over-riding operation of the Act.

[5] The Australian Workers’ Union of Employees, Queensland, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2013. The nominal expiry date of the Agreement is 31 July 2015.

COMMISSIONER

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