Mercy Community Services Inc

[2013] FWCA 1019

[2013] FWCA 1019

FAIR WORK COMMISSION

DECISION

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

Mercy Community Services Inc
(AG2013/4899)

MERCY COMMUNITY SERVICES INC. NURSES ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 14 FEBRUARY 2013

Application for approval of the Mercy Community Services Inc. Nurses Enterprise Agreement 2012.

[1] On 7 February 2013, Mercy Community Services Inc made application for approval of a single enterprise agreement to be known as the Mercy Community Services Inc. Nurses Enterprise Agreement 2012 (“Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“FW Act”).

[2] The Agreement was made following a ballot on 23 January 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 Nursing Federation (ANF) has declared that the ANF 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 ANF 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 ANF 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 21 February 2013.

[7] The nominal expiry date of this Agreement is 30 June 2015.

COMMISSIONER

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