Pathways Sailors Bay Pty Ltd

Case

[2013] FWCA 7259

23 SEPTEMBER 2013

No judgment structure available for this case.

[2013] FWCA 7259

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Pathways Sailors Bay Pty Ltd
(AG2013/8928)

PATHWAYS AGED CARE SAILORS BAY, NSWNMA & HSU NSW BRANCH ENTERPRISE AGREEMENT 2013

Aged care industry

DEPUTY PRESIDENT BOOTH

SYDNEY, 23 SEPTEMBER 2013

Application for approval of the Pathways Aged Care Sailors Bay, NSWNMA HSU NSW Branch Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pathways Aged Care Sailors Bay, NSWNMA HSU NSW Branch Enterprise Agreement 2013 (the Agreement). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pathways Sailors Bay Pty Ltd. The agreement is a greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the employee organisation which will be covered by the Agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval, have been met.

[4] In accordance with s.187(5)(a) of the Act, I am satisfied the NSW Nurses and Midwives’ Association, the Australian Nursing Federation- NSW Branch and the Health Services Union NSW Branch are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

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