Holyoake Australian Institute for Alcohol and Drug Addiction Resolution Inc

[2013] FWCA 2303

[2013] FWCA 2303

FAIR WORK COMMISSION

DECISION

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

Holyoake Australian Institute for Alcohol and Drug Addiction Resolution Inc
(AG2013/5981)

HOLYOAKE, THE AUSTRALIAN INSTITUTE FOR ALCOHOL AND DRUG ADDICTIONS RESOLUTIONS INC. EMPLOYEE COLLECTIVE AGREEMENT 2012

Social, community, home care and disability services
COMMISSIONER CLOGHAN	PERTH, 18 APRIL 2013

Application for approval of the Holyoake, the Australian Institute for Alcohol and Drug Addictions Resolutions Inc. Employee Collective Agreement 2012

[1] On 11 April 2013, Holyoake Australian Institute for Alcohol and Drug Addiction Resolution Inc. made application for approval of a single enterprise agreement to be known as the Holyoake, the Australian Institute for Alcohol and Drug Addictions Resolutions Inc. Employee Collective Agreement 2012 (“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 27 March 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 25 April 2013.

[7] The nominal expiry date of this Agreement is 31 January 2016.

COMMISSIONER

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