Sexual Health information networking and education South Australia Incorporated T/A SHine SA

[2017] FWCA 620

[2017] FWCA 620

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sexual Health information networking and education South Australia Incorporated T/A SHine SA
(AG2016/7346)

SEXUAL HEALTH INFORMATION NETWORKING & EDUCATION SA (SHINE SA) INCORPORATED AND AUSTRALIAN SERVICES UNION SA & NT BRANCH (ASU) ADMINISTRATIVE ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 31 JANUARY 2017

Application for approval of the Sexual Health information networking & education SA (SHine SA) Incorporated and Australian Services Union SA & NT Branch (ASU) Administrative Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sexual Health information networking & education SA (SHine SA) Incorporated and Australian Services Union SA & NT Branch (ASU) Administrative Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sexual Health information networking and education South Australia Incorporated T/A Shine SA. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2017. The nominal expiry date of the Agreement is 6 February 2020.

COMMISSIONER

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Annexure A