Minda Incorporated

[2017] FWCA 495

[2017] FWCA 495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Minda Incorporated
(AG2016/6873)

MINDA INCORPORATED ENTERPRISE AGREEMENT NO. 9, 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 24 JANUARY 2017

Application for approval of the Minda Incorporated Enterprise Agreement No. 9, 2016.

[1] An application has been made for approval of an enterprise agreement known as the Minda Incorporated Enterprise Agreement No. 9, 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Minda Incorporated.The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] 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.

[6] The Community and Public Sector Union and United Voice 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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Annexure A