KOPWA Limited

Case

[2018] FWCA 1381

7 MARCH 2018


[2018] FWCA 1381

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

KOPWA Limited

(AG2017/4680)

The KOPWA Limited, NSWNMA and HSU NSW Enterprise Agreement 2017 – 2020

Aged care industry

Commissioner Saunders

MELBOURNE, 7 MARCH 2018

Application for approval of the KOPWA Limited NSWNMA & HSU NSW Enterprise Agreement 2017- 2020.

  1. An application has been made for approval of an enterprise agreement known as the KOPWA Limited NSWNMA & HSU NSW Enterprise Agreement 2017- 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KOPWA Limited. The Agreement is a single enterprise agreement.

  1. The Agreement lodged as part of the application for approval contained an error at page 83. On 5 March 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error at page 83. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

  1. The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

  1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

  1. Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

  1. Subject to the Undertakings, 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.

  1. The Health Services Union of Australia and the Australian Nursing and Midwifery Federation, being the bargaining representatives for the Agreement, has 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 these organisations.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2018. The nominal expiry date of the Agreement is 30 June 2020.


COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE427544  PR600977>

Annexure A

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0