Northaven Ltd

[2014] FWCA 1167

[2014] FWCA 1167

FAIR WORK COMMISSION

DECISION

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

Northaven Ltd
(AG2013/12901)

NORTHAVEN LTD COLLECTIVE AGREEMENT 2013

Health and welfare services
COMMISSIONER CAMBRIDGE	SYDNEY, 17 FEBRUARY 2014

Application for approval of the Northaven Ltd Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Northaven Ltd Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application has been made by Northaven Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 24 December 2013 by the Employer’s representatives, Practical Workplace Relations (PWR). The application included a Statutory Declaration of Tess Pomfrett made on behalf of the Employer and dated 24 December 2013 (the Declaration). The Declaration stated that the Agreement was made on 18 December 2013. Therefore the application was made within the 14 day lodgement time limit established by subsection 185 (3) (a) of the Act.

[3] The application for approval was listed for Hearing on 30 January 2014 at which time Mr P Amos from PWRappeared for the Employer. During the proceeding held on 30 January, the Fair Work Commission (the Commission) identified various issues relating to the contents of certain terms contained in the Agreement which required clarification.

[4] Mr Amos provided some important clarifications during the Hearing. The Employer was invited to consider some residual issues raised by the Commission and to respond in writing. The Commission has received correspondence dated 12 February 2014, from PWR, which included further material in support of the application together with Undertakings made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertakings).

[5] Consequently I have further considered the application for approval having regard for the clarifications provided during the Hearing, the further material in support of the application, and the Undertakings.

[6] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have further examined the contents of the Declaration in the context of the clarifications provided during the Hearing and the further material in support of the application. On the basis of this material I am satisfied that the procedural requirements of Part 2-4 of the Act have been met in this instance.

[7] I note that the Agreement contains a flexibility term at clause 1.7 and a consultation term at clause 7.4.

[8] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[9] The Agreement as varied by the Undertakings is approved. In accordance with subsection 54 (1) of the Act, the Agreement will operate from 24 February 2014. In accordance with clause 1.5 of the Agreement the nominal expiry date of the Agreement is 24 February 2017.

COMMISSIONER

Undertakings:

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