Nunkuwarrin Yunti of SA Inc

[2013] FWCA 1908

[2013] FWCA 1908

FAIR WORK COMMISSION

DECISION

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

Nunkuwarrin Yunti of SA Inc
(AG2013/5518)

NUNKUWARRIN YUNTI OF SOUTH AUSTRALIA INC ENTERPRISE AGREEMENT 2012

Health and welfare services
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 28 MARCH 2013

Nunkuwarrin Yunti of South Australia Inc Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Nunkuwarrin Yunti of South Australia Inc Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nunkuwarrin Yunti of SA Inc. The Agreement is a single-enterprise agreement.

[2] The employer has provided an undertaking in the following terms:

Clause 5 (Parties Bound) of the agreement is meant to cover:

1. Executive employees (including the Chief Executive Officer) and other senior appointments that are subject to ‘common law’ employment arrangements.

2. Medical and Dental Officers, who are also employed under ‘common law’ arrangements.

There is no other Enterprise Agreement for employees of the organisation and there is no intention to allow employees to ‘opt out’ of the Agreement.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] 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.

[5] The Australian Nursing Federation and the Australian Municipal, Administrative, Clerical and Services Union, 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) of the Act I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2013. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

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